Premium

Trump as Flux and the Supreme Court as Frame

President Trump, whose tariffs have been declared unlawful, represents the flux of power, while the Supreme Court is the frame of law. But in this primal interplay, the flux always wins, says Professor James Alexander.

10 min read

I teach politics. And it is through teaching politics that I have happened across a metaphor – I think it is my own, but one never knows: I read so much, every day, that it is quite possible I read it, forgot it, then rediscovered it – that makes sense of much in politics, including the recent problem faced by the President of the United States, whose tariffs have been declared unlawful by the Supreme Court.

This metaphor is about power and law, that classic opposition of might and right: Macht und Recht, or, if one prefers, pouvoir et droit. Every serious thinker has thought about these things: Aristotle, Machiavelli etc. But we in the 21st century often do not think about these things, especially in universities, because we have balkanised everything, turned it into academic fragments, bits and bobs. You study that, Professor, and I’ll study this. Well, every thinking man and woman should think about everything. (And not ask a machine to think for them.)

Here is the metaphor:

  • Power is a flux.
  • Law is a frame.

Power has no absolute or original power of self-limitation. It is imperial, expansive. If it talks of ‘right’ – what is right, what is lawful, what it has a right to – then it only does so by saying, ‘I recognise only my own right’. I call this political solipsism: there may be other powers, but only my power has right, has a right to exist. Therefore, I can take whatever I can: as

Keep reading –
Donate £5 monthly
(first month £1 for new subscribers)
or £50 annually

Subscribe today to get unlimited online access, as well as our Premium newsletters and podcasts.

  • Read paywalled articles
  • Comment below the line and connect with other users
  • Watch and listen to the longer Premium version of our weekly podcast
  • Listen to every article
  • Receive Premium version of our daily newsletter
DONATE NOW

Comments

This week across the site:

Email me alerts for this discussion
Notify of

To join in with the discussion please make a donation to the Daily Sceptic.

Profanity and abuse will be removed and may lead to a permanent ban.

5 Comments
Newest
Oldest Most Voted
FerdIII
FerdIII
7 months ago

Law? What law? The Ronaplandemic destruction of all laws, Nuremburg code, my rights, my very existence?
Judges who are Libtards opening up borders, ignoring the Musulman rape of 1 mn white girls, setting up 5 levels of punishment, blacks, muzzies, non whites getting the soft glove treatment?
Judges in the US blocking Drumpf because they are comitted Demon party members, paid by the same, oiled by the same, selected by the same?
Judges who support Burn Loot Murder and Fascist Anti-fa but jail a Christian because she posted men have penises?

Judgocracy, Legocracy. As totalitarian as the Rona Medical Nazism or Scientocracy.

MajorMajor
MajorMajor
7 months ago
Reply to  FerdIII

You have a point.
The idea that “Law” is some objective, independent, protective framework, put in place to curb the excesses of power, together with the naïve illusion that we have some unalienable rights flew out of the window within a few weeks of the China flu outbreak.

At that time those of us who still retained some critical thinking realized that our suspicions were well founded: our rights are very much alienable. We can be experimented on medically; the “Law” shows extreme leniency towards crimes committed by the approved set of people whilst maximum harshness towards the non-approved.

Jack the dog
Jack the dog
7 months ago
Reply to  MajorMajor

The law is necessary but it is also aa convenient means for the power to keep us proles in our place because by assuring us of our rights and protections they hope to keep us from getting uppity.

It is a convenience though which they have no hesitation in ignoring when not convenient, blair was an egregious offender, and starmer in his adenoidal thick and mendacious way is possibly worse.

They are now blatantly breaking the compact. We need therefore to get uppity.

transmissionofflame
transmissionofflame
7 months ago
Reply to  MajorMajor

True, though with specific regard to the USA and “Covid”, I don’t think any of the restrictions were unconstitutional. The founders probably didn’t foresee medical fascism founded on a fake pandemic.

Freddy Boy
Freddy Boy
7 months ago
Reply to  FerdIII

Whatever you’ve had for Breakfast – give me some 🤩👍👏

Thank you for reading. Please help us keep the Daily Sceptic going by becoming a donor.