For example, now that the right has the supreme court, it has claimed a lot of extra power over regulatory agencies, elections and even congress. This effectively makes a right wing body the final arbiter; and end run over attempts to get the system working honestly.
I believe reform needs to be a lot more hands on to get things back on track.
If we want laws then we get congress to pass laws. This is how our system works. Congress' dysfunction is not an excuse to end-run around our system, it's a reason to fix congress.
>Congress' dysfunction is not an excuse to end-run around our system
Sure it is. The whole point of the judicial system is to interpret laws and make rulings based on interpretations. If congress hates that, they need to stop slapfighting.
Meanwhile, I believe executive orders have risen back to 40's/50's era orders (i.e. orders during World wars). Again, Judicial and Congressional can stop it but no one does half the time.
>it's a reason to fix congress.
I'm open to ideas.
Every* previous court has disagreed. This is just your opinion. Chevron has been de-facto the way things are done since the early 1900s.
You can disagree with Chevron, but you'd have to be both blind and deaf to think that's not a politically motivated position. At which point, I'm wondering how Hellen Keller got on hacker news.
As a side-note: the constitution is, in fact, up to interpretation. The textualist's interpretation is just one. It is not more correct and, actually, is typically obviously obtuse. I mean, it's a position based on the action of playing dumb.
Out of curiosity, is there a point in time where things were clearly "on track"?
Congress is unarguably dysfunctional but (I believe) SCOTUS had a pretty large part in helping them get to where they are today...and in the difficulties involved with getting things back on track.