Adrian Vermeule: “the separation of powers violates the separation of powers” - ThreadSky

mattsteinglass.bsky.social • 14 days ago

Adrian Vermeule: “the separation of powers violates the separation of powers”

BREAKING: Carl Schmitt disapproves of “law” based on spurious, authoritarian conception “legitimacy.” Old, half-baked, dangerous arguments.

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mattsteinglass.bsky.social•14 days ago

The position amounts to “sure the executive is ‘subject to the rule of law’, bla bla, but no body has the power to rule that the executive has violated the law, let alone enforce such a ruling. Eat dirt nerdz”

joshualivestro.bsky.social•14 days ago

What he’s really saying is checks & balances violate separation of powers. Which is obviously true, but also the whole point of the US constitution. Without checks & balances, you’d get something like the constitution of Bismarck’s German Reich: nominally federal, in practice an autocracy.

lquispel.bsky.social•14 days ago

L' etat, c'est moi ...

mattsteinglass.bsky.social•14 days ago

It’s the old “the rule of law means that if the ruler does it, it’s legal” schtick

joshualivestro.bsky.social•14 days ago

He’s developed a whole doctrine of executive authority based on that playground bully idea. Dangerously confused.

mattsteinglass.bsky.social•14 days ago

These guys are really terrifying freaks. Sometimes I think they are so alien to American tradition that they can’t possibly institutionalize this garbage.
Sometimes I think, what’s stopping them

joshualivestro.bsky.social•14 days ago

There’s a subgroup of orthodox catholic legal scholars who’ve all gone over to the dark side. Most depressing example is John Finnis. He was arguably one of the finest legal minds of his generation, but these days he’s mainly dabbling in racist conspiracy theories.

sperplexitas.bsky.social•14 days ago

As a Catholic jurist, raised and practising in mostly Catholic countries, I cannot understand what this propaganda have to do with Catholicism. And I guess neither the Pope, orthodox or innovative, can.

mattsteinglass.bsky.social•14 days ago

I remember reading Brothers Karamazov for the first time and thinking “wth is Ultramontanism”? Never dreamed 3 decades later it’d be a serious force at my own university

jeremypress.bsky.social•14 days ago

It’s a game clever legal types, primarily right wing reactionaries, play. “I have come up with a coherent model (damn the consequences), which is all I’m required to do.”

juliaringma.bsky.social•14 days ago

Exactly!
Vermeule's premise: "judicial interference with legitimate acts of state" is false. A court order is upholding the law, it is not "interference". And those are not "legitimate" acts of state; they are illegitimate.

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