Tuesday, August 24, 2010

The Ruling Class and the courts

Our Republic is in deep trouble if the balance of the Supreme Court shifts from moderate conservative to progressive liberal. The Courts ruling on the Commerce Clause, back in FDR's time, opened the flood gates for the Federal usurpation of our unalienable rights. If Obama is able to replace just one conservative Supreme Court Justice, the die would be cast and the Constitution will be history.

This article from RenewAmerica is to the point.

Dr. Codevilla's approach

In his interview with this column, Angelo Codevilla says, "Once upon a time, you could suppose that a president could appoint judges who would interpret the law. This was a technical skill — these people might be friends of the president, etc.... But it was understood that their commitment was to the Constitution."

No longer. Today, the professor laments, there is "a whole school of thought that says, you know, words mean what we want them to mean. Well, since we've conceded the legitimacy of that, we might as well have these people who are aspiring to the court be asked by the electorate what do you mean? And have those answers satisfactory to at least a majority of the electorate."

Pros and cons

Dr. Codevilla's proposal to submit powerful non-cabinet government agency decision-makers to the will of the voters is one thing.

Applying the same formula to judges presents additional problems. It would surely require a constitutional amendment — which means two-thirds of the Congress plus three-fourths of the states.

The upside: Whatever the outcome, it would involve a long-overdue national debate/focus on judicial over-reach.

The downside: Nagging doubts about sacrificing "judicial independence," even if it has been badly abused. Would we trade one set of problems for another? Either way, it's about politicians in black robes.
The Ruling Class and the courts

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