Government

Don’t let Court go over leftward cliff


            The unexpected passing of Supreme Court Justice Antonin Scalia was a tremendous loss for America, especially our Constitutional republic.  He sincerely believed and fiercely defended the founders’ original intent of our Constitution to preserve the natural rights of man and protect them from an overreaching government.

A legendary jurist, Justice Scalia was a fervent “originalist” which means he believed the laws of the Constitution were to be interpreted and applied as the framers intended.  In other words, laws governing human nature and human interaction are immutable.  From Adam through today, the same hearts are repeating the same stories.

This conservative approach is in stark contrast to the evolutionary liberal view that holds the Constitution is a living document that must change with society’s shifting desires and mores - that is relativism.  Relativism is the excuse to strip away legal constraints from monetary or moral vices.  Like the Ten Commandments are too absolute, so what was illegal yesterday is legal today and what is legal today may be illegal tomorrow.

There is a perpetual battle for the ideological soul of the Supreme Court and it matters greatly whether rulings uphold the original intent of the Constitution or deconstruct it incrementally until its foundations are unrecognizable.  For decades a precarious and tenuous balance has meandered through many cases, but the drift has been distinctly leftward.

Currently, there are four reliable liberal Justices:  Ginsberg, Breyer, Sotomayor, and Kagan.  There were supposedly four consistently conservative Justices:  Scalia was counted with Thomas and Alito as certain, but the fourth Chief Justice John Roberts became disappointingly unpredictable with his ridiculous Obamacare betrayal.  Scalia called it “jiggery-pokery.”

The alleged “swing vote” was Anthony Kennedy, the Reagan compromise in 1987 after Democrats successfully blocked another incredible Constitutional luminary, Robert Bork.  The moment Reagan nominated Bork, Democrats took to the Senate floor with torches and pitchforks to declare his nomination dead on arrival. 

The late Senator Ted Kennedy cynically predicted a litany of bad omens with a Bork appointment to include increased police brutality, rampant cultural censorship, and a return to segregation and back alley abortions.  They would not tolerate any swing to the right.  Despite being wrong with over the top exaggerations, Democrats had a right and even duty to protect their misguided vision for America.

In the current conundrum, replacing Justice Scalia has no real Constitutional ramifications; this is a purely political exercise.  But a political exercise provided in the Constitution.  Separation of powers is a pillar of the Constitution.  The president indeed “nominates” appointees, but that power is NOT solely concentrated in the executive.  That is why the president must obtain “the advice and CONSENT of the Senate.”

The rulings of the Supreme Court have far reaching effects on our liberty, so this process is intentionally contentious and cumbersome.  Republicans are merely taking a page from the 1987 Biden Report to obstruct any unacceptable nominee.

Protestations that we need a full court to function are unfounded.  The Court operated just fine 1945-1946 when Justice Robert Jackson took a leave of absence when he was appointed by President Truman to prosecute Nazi war criminals at the Nuremburg Trials.

High drama with the Supreme Court is more common throughout its history than the poorly informed public realizes, so ignore all the posturing and quibbling.  Obama has not even made a nomination yet. 

America cannot afford a fifth solidly rabid liberal Justice; such a Court would have no balance whatsoever.  It’s doubtful Obama’s nominee will be acceptable, so pray Republicans can emulate the perseverance of 1987 Democrats to prevent a fatal swerve off the leftward cliff.

“And when the LORD raised them up judges, then the LORD was with the judge, and delivered them out of the hand of their enemies all the days of the judge: for it repented the LORD because of their groanings by reason of them that oppressed them and vexed them.”  Judges 2:18

Comments


daniel2016-02-25 11:18

Another good one Pete!