WHAT IS “CRITICAL RIGHT THEORY”?

“Critical Right Theory” is an intellectual movement on Twitter, among people who have developed an enlightened or “woke” theory that Constitutional rights are whatever (and for whoever) the immediate local majority wants them to be. Examples:

1) The state legislature, and cops in the moment, decide what firearms laws are Constitutional “rights”. This contradicts the actual Constitution, which says in Article III Section 2 that the Supreme Court decides what law is a Constitutional right. Kind of like the “right” to housing or a minimum wage.

2) The power of states and various government institutions to make policy on what specific vaccines are mandated where, is somehow an unwritten individual Constitutional right against vaccine mandates. Kind of like the unwritten Constitutional right to get an abortion before X or Y weeks.

3) There is some right for the majority, through the government, to dictate ideology to private businesses. So we can have a vote on what ideas about race businesses are allowed to train their employees with, or whether they are forced to employ and serve people who make various healthcare and lifestyle decisions.

4) Congress has an executive power to attack the editorial decisions of private business actors, like Twitter employees. The “right to free speech” consists of the mob attacking private business speech decisions, through a government actor such as Congress or the state legislature, as crazy and perverted as that sounds.

5) Under federalism, states have a sovereign immunity to violate individual Constitutional rights without interference from federal courts that would enforce those rights. Federal courts are not allowed to accept evidence of rights violations, or disagree with state court findings or errors that violate rights.

6) State government actors can deprive individuals including of liberty, reputation, and opportunity without due process, and are immune to regulation by the Bill of Rights and USC 1983, all based on the 11th Amendment and various immunities found nowhere in the Constitution but invented by courts claiming common law.

7) Local actors, from police to prosecutors to even jurors, have a right to ignore the law to decide who gets locked up or not. So jurors can “nullify” various laws by exempting people who look like them in their own communities. But prosecutors can also nullify jurors, by using plea bargains and perjury to fix court outcomes before they get to jurors. All this so local actors can free and punish whomever they think is good and bad, without being restrained by actual law or the federal Constitution.

What all these so-called “rights” have in common, is they are all the dominant social quorum or whoever has power at the moment, labeling whatever they want as a right. They use not only the executive and legislative branch to seize these “rights”, but even persuade courts to use discretion to invent and abrogate rights. They use courts to select and discard evidence and even welcome perjury, to obtain whatever outcome the local 51% majority wants. It is basically like a primitive tribal quorum, operating in spite of the prohibitions of the rule of law.

This is tyranny of the majority or fascism. It is popular among people who don’t even know what the Constitution or American traditions are, and maintain a vain self-delusion that they are “right wing” and are conserving those traditions, when they pursue their own whims, religions, and impulses through the coercive arm of government. They believe that if they can find two other people who also want the same thing their own impulses desire, that their impulses and tastes are made not only morals, but rights, simply by being socially validated.