James Leroy Wilson's blog

Tuesday, July 14, 2009

536 People

The Sotomayor Senate hearing is something I couldn't care less about. It does not matter who's on the Supreme Court.

Indeed, I believe Charley Reese was wrong when he held 545 people responsible for all U.S. woes. He adds together both Houses of Congress, the President, and the Supreme Court to get to that number. I'd subtract the latter nine, leaving 536.

It is true I'm not a fan of "liberal" justices who support eminent domain (aided by federal funds) for private profit, federal raids of medical marijuana growers, and the abridgment of speech and press during election seasons.

To be fair, neither do I applaud "conservative" Justices who tend to overlook or excuse the abuse and tyranny emanating from the President, the military, and police.

But what has the Court really done in these cases, but defer to the will of the popularly-elected President and/or majorities of both Houses of Congress? Well, one could reply, the Court is supposed to protect the rights of oppressed minorities. Yet, each member of the Court was nominated by a President who seeks more and more power for himself, and was confirmed by a Senate majority.

If the President wants more power for the Executive, he will nominate Justices more willing to allow him to have it. And if the Senate can't be trusted with passing sound, Constitutional legislation, neither can it be trusted to confirm Supreme Court Justices who will properly interpret law and the Constitution. Incompetence in the one area indicates, if not necessitates, incompetence in the other.

Even in a case like abortion or the Pledge of Allegiance, Congress already has the Constitutional power (without a Constitutional Amendment) to reverse the Court's decisions and prevent the Court from hearing such cases. They just don't want to because playing political football with these issues is more to their advantage.

That's really what the Supreme Court is: political circus. The unacknowledged purpose appears to be to allow the political, elected branches to blame the Court for messes they themselves are responsible for. There is no incentive for Presidents and Senates from either party to nominate the wisest, brightest, and most impartial of intellects to the Court. Rather, they require a Supreme Court that will almost always often be deferential to federal power, yet will still spice up the Culture War every now and then. No matter how it shakes out from year to year, the government always wins.

1 comment:

  1. The supreme court, as well as all appellate courts, essentially makes decisions between contradictory laws, ensuring a government victory. Like you say.

    I also appreciate your use of "couldn't care less" as opposed to "could care less." If one could care less, one would.

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