Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Dubya Closes a Door? What Harriet Miers may mean for constitutional law.
National Review ^ | 10/17/5 | Dennis Coyle

Posted on 10/17/2005 9:37:09 AM PDT by Crackingham

"The horror, the horror," seems to sum up the reaction of many conservatives to the nomination of Harriet Miers to serve on the Supreme Court. One can almost hear the ominous organ of Doors's keyboardist Ray Manzarek in the background, as Jim Morrison intones, "This is the end." And it is an end, of sorts — the end of conservative hopes that a Republican president known for bold strokes would put forward a forceful intellect who would help shift the drifting Constitution back toward its moorings. Unlike Colonel Kurtz, conservatives have been traumatized not by an "Apocalypse Now," but by a slow destruction of constitutional law.

The "Constitution in exile" better be on a pleasant island paradise, because it will have a long stay. For many conservatives the Supreme Court was the issue, the reason for supporting Bush over the years despite misgivings on this issue or that. Decades ago Country Joe MacDonald wailed with absurdist resignation, “And it’s one, two, three, what are we fighting for?” — a question many conservatives are asking themselves today.

The Miers nomination may prove to be a wake-up call so energizing the Republican base that they rise in revolt, scuttling the nomination and demanding that Bush fulfill his promise to name a Scalia or a Thomas. That seemed unlikely at first, but the uprising seems to be gaining surprising momentum. Despite the grumblings, however, the Republican inclination to support the president is strong, and Democrats would be foolish to look a gift horse in the mouth. President Bush has handed liberal democrats a present, although they don't seem effusive in their appreciation. Miers may deliver the conservative votes that Bush promises, but there is no sign that she has the intellectual depth or sophisticated understanding of the Constitution to seriously challenge the liberal legal mainstream. For that, liberals should be breathing an immense sigh of relief. And while conservatives are appalled, Miers apparently enjoys the support of none other than Senate Minority Leader Harry Reid. Given Reid's sophisticated evaluations of judicial and presidential competence, what more recommendation could one need?


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; Philosophy; Politics/Elections
KEYWORDS: constitution; constitutionallaw; harrietmiers; miers; scotus; supremecourt
Navigation: use the links below to view more comments.
first previous 1-2021-4041-51 next last
To: elli1

You're right. It will deliver summary judgement in about 120 cases, written opinions in about 80-90.


21 posted on 10/17/2005 10:28:48 AM PDT by phelanw
[ Post Reply | Private Reply | To 19 | View Replies]

To: FastCoyote
Exactly. Roe was an incoherent, results-oriented statement of "constitutional law." The Miers opinion overturning it might as well be equally incoherent and results-oriented: something like "Roe v. Wade is hereby disapproved as wrongly decided. There are other better ways to define one's own concept of the meaning of life besides obtaining an abortion, which we need not go into here."

Way to re-establish the integrity and legitimacy of constitutional law.

22 posted on 10/17/2005 10:36:27 AM PDT by Map Kernow ("I hold it that a little rebellion now and then is a good thing" ---Thomas Jefferson)
[ Post Reply | Private Reply | To 16 | View Replies]

To: FastCoyote
Exactly right. She doesn't have to challenge the libs. She only has to vote the right way, and leave the great decisions to Scalia and Thomas and Roberts.

Sorry, but nine eggheads, even conservative eggheads, is a disaster waiting to happen. You need people with pragmatic, everyday outlooks to know how laws affect real people. As Bill Buckley often said, "I'd trust myself to the first 100 names in the Boston phone book than the faculty of Harvard," and in this case I'd trust the decisions of nine average Americans just as soon as a bunch of "brilliant" legal scholars---of any stripe.

23 posted on 10/17/2005 10:57:13 AM PDT by LS (CNN is the Amtrak of news)
[ Post Reply | Private Reply | To 16 | View Replies]

To: LS

She doesn't have to challenge the libs. She only has to vote the right way, and and you certainly don't need brains for that. In fact, brains are just a hindrance to good jurisprudence. Leave the great decisions to Scalia and Thomas and Roberts, then just use Miers as a convenient sock puppet to rubber stamp the ideas of men with brains. I don't know why people think a woman on the Supreme Court should have brains anyway, how much brain work does it take to make coffee or write a cute birthday card?

Sorry, but nine eggheads, even conservative eggheads, is a disaster waiting to happen. Especially ones who believed in strict constructionism, cause there's no knowing where a strict reading of the Constitution will lead you. Could be anywhere, conservative penumbras anyone?

You need people with pragmatic, everyday outlooks to know how laws affect real people. Like, how a parking ticket gets written or how many spotted owls does it take to make a pie. As Bill Buckley often said, "I'd trust myself to the first 100 names in the Boston phone book than the faculty of Harvard,". That's why we need to go the opposite way and find someone of low IQ, lower than mine even.

I'd trust the decisions of nine average Americans just as soon as a bunch of "brilliant" legal scholars---of any stripe. Sort of the way 12 jurors awarded $250 million in the Vioxx case, putting an entire industry in chaos. Now there's jurisprudence for ya, straight from the common man.


24 posted on 10/17/2005 11:12:28 AM PDT by FastCoyote
[ Post Reply | Private Reply | To 23 | View Replies]

To: LS

I keep wondering how many justices the next president will appoint and what the results will be.


25 posted on 10/17/2005 11:17:34 AM PDT by B4Ranch (In 3 to 5 seconds check- employees immigration status - http://uscis.gov/graphics/services/SAVE.htm)
[ Post Reply | Private Reply | To 23 | View Replies]

To: FastCoyote
If you are a woman and a friend of GW, you don't need brains to be a Supreme Court Justice, no it's all about feeling good about someone.

And your post isn't all about feelings? You've been told for the last few years that only X, Y and Z will be suitable candidates so you've gone into brain lock at the thought of anyone other than X, Y and Z being nominated.

26 posted on 10/17/2005 11:23:50 AM PDT by jess35
[ Post Reply | Private Reply | To 16 | View Replies]

To: LS

I think you may have missed Fast Coyote's point.


27 posted on 10/17/2005 11:31:10 AM PDT by brivette
[ Post Reply | Private Reply | To 23 | View Replies]

To: jess35

"And your post isn't all about feelings? "

Posts on this thread by me have been satirical. In general, my posts are not about feelings but about contract law - adherence to the Constitutional contract without which there is chaos. Pretty unemotional stuff.


28 posted on 10/17/2005 11:38:15 AM PDT by FastCoyote
[ Post Reply | Private Reply | To 26 | View Replies]

To: Crackingham
Wonder if she is a nominee that was meant to slide by Dems and RINOs?
29 posted on 10/17/2005 11:43:27 AM PDT by Colonial Warrior ("I've entered the snapdragon part of my ....Part of me has snapped...the rest is draggin'.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: BikerNYC
What the hell does that mean? All she needs to do is get four votes to side with her and what she says will become law. She doesn't have to challenge the liberal legal mainstream, it will have to challenge her.

Here is the problem with that idea. It's not just the votes that matter - it's the reasoning in the decisions. There are hundreds of district and appellate courts across this country with conservative justices who look for guidance from the Supreme Court on how to best articulate their position so that it stands in the face of numerous appeals on each fine point of the law.

In fact, while many decisions of the Supreme Court may not be memorable, lines and footnotes from those decisions most certainly are. In order to defend what's left of constitutional law, we need to have a justice who understands how to represent the conservative position in the face of years of jurisprudence that goes "the other way." Might Miers be able to do it? Perhaps. But why not go with someone who has already proven themselves?
30 posted on 10/17/2005 11:44:24 AM PDT by July 4th (A vacant lot cancelled out my vote for Bush.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: phelanw

"Wonder how many of those will end up in law school texts?"

The one that overturn Roe V Wade will.


31 posted on 10/17/2005 11:47:07 AM PDT by EQAndyBuzz (Liberal Talking Point - Bush = Hitler ... Republican Talking Point - Let the Liberals Talk)
[ Post Reply | Private Reply | To 11 | View Replies]

To: July 4th

"But why not go with someone who has already proven themselves?"

Because 41 people, not qualified to catch dogs will not let this person sit on the bench. How is that for a reason?



32 posted on 10/17/2005 11:49:09 AM PDT by EQAndyBuzz (Liberal Talking Point - Bush = Hitler ... Republican Talking Point - Let the Liberals Talk)
[ Post Reply | Private Reply | To 30 | View Replies]

To: Crackingham
.

"The Miers nomination may prove to be a wake-up call so energizing the Republican base that they rise in revolt, scuttling the nomination and demanding that Bush fulfill his promise to name a Scalia or a Thomas. That seemed unlikely at first, but the uprising seems to be gaining surprising momentum."
--->

I beg to differ with the author. Even the poll taken of FR conservatives puts the lie to that:

Do you approve of Harriet Miers for Supreme Court?

Yes
34.5%

No
30.3%

Need more info
29.8%

I'm voting Hillary!
3.4%

Pass
2.0%

[ Details · Polls ]

33 posted on 10/17/2005 12:08:12 PM PDT by AFPhys ((.Praying for President Bush, our troops, their families, and all my American neighbors..))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Blood of Tyrants

You have a short memory. Reid also sung praises for Roberts but he voted against him. I think Reid was caught with his pants down on this nomination. I don't think Reid ever thought Bush would take him up on his initial idea of nominating Miers. Bush sure fooled him.


34 posted on 10/17/2005 12:12:03 PM PDT by conservative blonde (Conservative Blonde)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Crackingham

NR and NRO have lost any credibility on this issue.


35 posted on 10/17/2005 12:16:42 PM PDT by KMAJ2 (Freedom not defended is freedom relinquished, liberty not fought for is liberty lost.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: AFPhys

The FR poll ought to be reset. A lot of people who clicked "need more info" probably would vote yes or no now.


36 posted on 10/17/2005 12:23:06 PM PDT by Graymatter
[ Post Reply | Private Reply | To 33 | View Replies]

To: Crackingham

When only 12% of Conservatives support your position NRO, it is NOT the WH who is "losing ground". But cling to this nonsense. It has been a real eye opener to find out who are the pretend Conservatives in the movement who merely hitched their wagon to our start so they could ride along. Glad to find out that since Buckley retired, NRO has been over run by self important Dinosaur Media style gate keepers who's egos are completely out of touch with their relevance to the Conservative movement. Been fun the last 10 days watching NRO move over to join Bill Kristol and Pat Buchanan in the whiny, self-important, perpetually angry, and completely irrelevant, caucus of the Conservative Movement.


37 posted on 10/17/2005 12:44:09 PM PDT by MNJohnnie (I'll try to be NICER, if you will try to be SMARTER!.......Water Buckets UP!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: FastCoyote

Utterly silly. But I re-state my position: I'd trust nine average Americans than nine legal whizzes any day, Vioxx be damned. I've served on juries, and can tell you that there's some pretty solid thinking that goes on there without a single law book. Funny thing, most of our Founders didn't have legal training---and certainly not of they type expected today. And gee, they only managed to write the Constitution. Yeah, we need some real eggheads up there. You've convinced me.


38 posted on 10/17/2005 12:54:18 PM PDT by LS (CNN is the Amtrak of news)
[ Post Reply | Private Reply | To 24 | View Replies]

To: Crackingham
sophisticated understanding of the Constitution

Huh? IMHO, what we need is less parsing of the constitution and a more literal approach. You know, it says this, so, duh, that must be what it means.

I don't know about Miers, but lawyers have made the constitution out to be a lot more complicated than it is. We need to get down to basics.

If the Constitution does not specifically give a power to the feds, then it belongs to the states. How freakin complicated is that concept???

39 posted on 10/17/2005 12:55:11 PM PDT by ChildOfThe60s (If you can remember the 60s......you weren't really there.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: brivette

I got his point perfectly. He thinks we need the smartest tool in the box---no, nine of them. I don't. One or two intellectuals anywhere are useful, but nine can't hammer a nail together. I think this Court, for years, has been "over-lawyered" and had too many eggheads who can't read the Constitution. It ain't that tough.


40 posted on 10/17/2005 12:56:23 PM PDT by LS (CNN is the Amtrak of news)
[ Post Reply | Private Reply | To 27 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-51 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson