Constitutionalism
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America’s judges are creating a record Trump can’t erase
MSNBC· 2025-11-02 19:23
Rule of Law & Judicial Independence - The judiciary is facing immense pressure as it confronts a president potentially seeking excessive power and defying constitutional term limits [2] - Lower courts are actively working to uphold constitutional democracy and documenting its dismantling, creating a legal and historical record [2] - Lower court judges are pushing back against unlawful power grabs, reasserting the judiciary's duty to check presidential overreach [3] - Judges are warning against militarizing civilian life and standing up for state sovereignty, resisting the misuse of emergency appeals [3] - Courts are establishing a record by expressing disbelief and distrust towards the government, challenging its power [4] Political & Historical Context - The normalization of the idea that Donald Trump will remain president after the 2028 election is a concern [1] - There is a coordinated effort to purge inconvenient facts from the American story, including the truth about the 2020 election and January 6th [4] - The administration is attempting to rewrite American history to substitute it with one man's preferred narrative [4] Defense of Democracy - Judges are bearing witness at a critical moment in American history, contributing to the broader resistance to authoritarianism [4] - American judges create the official record, the legal, factual, historical account, as a safeguard against the rewriting of history [4] - The federal courts play a crucial role in upholding truth and preventing the denial and rewriting of history, which is essential for the survival of America [5]