Authored by Jonathan Turley,
“We should replace our piece of crap Constitution.”
Those words from author Elie Mystal, a regular commentator on MSNBC, are hardly surprising from someone who previously called the Constitution “trash” and urged not just the abolition of the U.S. Senate but also of “all voter registration laws.”
But Mystal’s radical rhetoric is becoming mainstream on the left, as shown by his best-selling books and popular media appearances.
There is a counter-constitutional movement building in law schools and across the country. And although Mystal has not advocated violence, some on the left are turning to political violence and criminal acts. It is part of the “righteous rage” that many of them see as absolving them from the basic demands not only of civility but of legality.
They are part of a rising class of American Jacobins — bourgeois revolutionaries increasingly prepared to trash everything, from cars to the Constitution.
The Jacobins were a radical group in France that propelled that country into the worst excesses of the French Revolution. They were largely affluent citizens, including journalists, professors, lawyers, and others who shredded existing laws and destroyed property. It would ultimately lead not only to the blood-soaked “Reign of Terror” but also to the demise of the Jacobins themselves as more radical groups turned against them.
Of course, it is not revolution on the minds of most of these individuals. It is rage.
Rage is the ultimate drug. It offers a release from longstanding social norms — a license to do those things long repressed by individuals who viewed themselves as decent, law-abiding citizens.
Across the country, liberals are destroying Tesla cars, torching dealerships and charging stations, and even allegedly hitting political dissenters with their cars.
Last week, affluent liberal shoppers admitted that they are shoplifting from Whole Foods to strike back at Jeff Bezos for working with the Trump administration and moving the Washington Post back to the political center.
They are also enraged at Mark Zuckerberg for restoring free speech protections at Meta.
One “20-something communications professional” in Washington explained “If a billionaire can steal from me, I can scrape a little off the top, too.” These affluent shoplifters portrayed themselves as Robin Hoods.
Of course, that is assuming Robin Hood was stealing organic fruit from the rich and giving it to himself.
On college campuses, affluent students and even professors are engaging in political violence.
Just this week, University of Wisconsin Professor José Felipe Alvergue, head of the English Department, turned over the table of College Republicans supporting a conservative for the Wisconsin Supreme Court. He reportedly declared, “The time for this is over!”
Likewise, a mob this week attacked a conservative display and tent on the campus of the University of California-Davis as campus police passively watched. The Antifa protesters, carrying a large banner with the slogan “ACAB” or “all cops are bastards,” trashed the tent and carried it off.
Antifa is a violent and vehemently anti-free speech group that thrives on U.S. college campuses. In his book “Antifa: The Anti-Fascist Handbook,” Mark Bray explains that “most Americans in Antifa have been anarchists or antiauthoritarian communists. … From that standpoint, ‘free speech’ as such is merely a bourgeois fantasy unworthy of consideration.”
Of course, many of the American Jacobins are themselves bourgeois or even affluent figures. And they are finding a host of enablers telling them that the Constitution itself is a threat and that the legal system has been corrupted by oligarchs, white supremacists, or reactionaries.
This includes leading academics and commentators who are denouncing the Constitution and core American values. Erwin Chemerinsky, dean of the UC Berkeley Law School, is the author of “No Democracy Lasts Forever: How the Constitution Threatens the United States.”
In a New York Times op-ed, “The Constitution Is Broken and Should Not Be Reclaimed,” law professors Ryan D. Doerfler of Harvard and Samuel Moyn of Yale called for the nation to “reclaim America from constitutionalism.”
Commentator Jennifer Szalai has scoffed at what she called “Constitution worship.” “Americans have long assumed that the Constitution could save us,” she wrote. “A growing chorus now wonders whether we need to be saved from it.”
As intellectuals knock down our laws and Constitution, radicals are pouring into the breach. Political violence and rage rhetoric are becoming more common. Some liberals embraced groups like Antifa, while others shrugged off property damage and violent threats against political opponents. It is the very type of incitement or rage rhetoric that Democrats once accused Trump of fostering in groups like the Proud Boys.
Members of Congress such as Rep. Jasmine Crockett (D-Texas) have called for Tesla CEO Elon Musk to be “taken down” and said that Democrats have to be “OK with punching.”
Some take such words as a justification to violently attack a system supposedly advancing the white supremacy or fascism. Fortunately, such violence has been confined so far to a minority of radicalized individuals, but there is an undeniable increase in such violent, threatening speech and in actual violence.
The one thing the American Jacobins will not admit is that they like the rage and the release that it brings them. From shoplifting to arson to attempted assassination, the rejection of our legal system brings them freedom to act outside of morality and to take whatever they want.
Democratic leaders see these “protests” as needed popularism to combat Trump — to make followers “strike ready” and “to stand up and fight back.”
For a politician, a mob can become irresistible if you can steer it against your opponents. The problem is controlling the mob once it has broken free of the bounds of legal and personal accountability.
Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”
