The midterms’ winners and losers — and why the ‘giddy’ White House should worry - Jonathan Turley

[Geee]

NY Post

The midterm elections proved captivating as one followed races district by district throughout the night. The true winners and losers, however, go beyond the individual officeholders.

Legally, there are both individuals and institutions that could see significant changes with the new division of power in Washington. While the White House was reportedly “giddy and gleeful” with the results, Democrats likely lost the House and could still lose the Senate.

Despite the rivaling predictions of red waves and blue walls, the night showed what was always abundantly clear: We are still a deeply divided country. Congress will reflect that division in terms of power distribution — and that may be a good thing.

WINNERS

Constitutionalism: The last two years have seen frontal assaults on constitutional values ranging from separation of powers to free speech. Democrats applauded, for example, as President Joe Biden unilaterally waived roughly $500 billion in loans owed to the American people. While courts repeatedly found Biden to have violated the Constitution, Congress remained conspicuously silent even as it joined the president in declaring Republicans threats to the Constitution.

In an August New York Times column, “The Constitution Is Broken and Should Not Be Reclaimed,” law professors Ryan D. Doerfler of Harvard and Samuel Moyn of Yale called for our founding charter to be “radically altered” to “reclaim America from constitutionalism.” It’s safe to say voters effectively reclaimed constitutionalism from such extremist voices.