There's a link to a blog post at the blog of Jack Balkin (below left—email him) who is a Professor of Constitutional Law and the First Amendment at Yale Law School.This particular post on Prof. Balkin's blog is not by him, but by a different constitutional scholar, Prof. Mark Tushnet(below left) who teaches at Harvard Law School.So we have a Harvard law professor writing on the blog of a Yale law professor. Dodged a bullet? What we dodged here was a heavy artillery barrage.The blog post is dated May 6th last year, six months before the election, when all reasonable people—and who could be more reasonable than a couple of Ivy League Law School professors?—assumed that Mrs. Clinton would be the country's next president.Looking forward to that blessed prospect, Prof. Tushnet (right—email him) contributed this post at Prof. Balkin's blog: "Abandoning Defensive Crouch Liberal Constitutionalism." Opening four sentences:
Reminder that before Trump, prominent Harvard progs were planning to treat conservatives like "Nazis after 1945": https://t.co/rdy7o5Urie— tcjfs (@tcjfs) June 26, 2017
Several generations of law students and their teachers grew up with federal courts dominated by conservatives. Not surprisingly, they found themselves wandering in the wilderness, looking for any sign of hope. The result: Defensive-crouch constitutionalism, with every liberal position asserted nervously, its proponents looking over their shoulders for retaliation by conservatives (in its elevated forms, fear of a backlash against aggressively liberal positions).It's time to stop.Prof. Tushnet then lays out a program for Leftists, once they have swept to power in last November's election, seizing all the commanding heights of constitutional jurisprudence.The whole thing is too long to quote, and written in law-school-professor-speranto, so I'll just pick out some highlights.With a solid liberal majority on the Supreme Court, justices should, Prof. Tushnet tells us:
Of course all bets are off if Donald Trump becomes President. But if he does, constitutional doctrine is going to be the least of our worries.Oh, I do hope so, Professor!And a sidebar note here: On that sixth bullet point, the one where Professor Tushnet tells liberals to stop pandering to Justice Kennedy, he doesn't actually use the words "stop pandering." He actually uses an obscene four-letter verb with Justice Kennedy as its object: “F— Anthony Kennedy.” (Italics his, dashes ours.)That, apparently, is how Ivy League law-school professors speak about their ideological opponents nowadays.Further confirmation there of one of Radio Derb's running themes: That progressives are the potty-mouth party. They are the faction that can't speak or write a sentence—or at any rate, to be perfectly fair to Prof. Tushnet, a blog post—without a four-letter word in it.These types can't carry out connected thought for long without the reptilian brain stem breaking through to bark an obscenity. Their grip on reasoned discourse is not strong.Self-restraint again: not always in evidence on the Right, to be sure, but well-nigh extinct on the Left, even among Ivy League law professors.John Derbyshire [email him] writes an incredible amount on all sorts of subjects for all kinds of outlets. (This no longer includes National Review, whose editors had some kind of tantrum and fired him. ) He is the author of We Are Doomed: Reclaiming Conservative Pessimism and several other books. He’s had two books published by VDARE.com: FROM THE DISSIDENT RIGHT (also available in Kindle) and From the Dissident Right II: Essays 2013. His writings are archived at JohnDerbyshire.com.