Why the Battle for the Court Will Be Nasty

City Journal ^ | Summer 2002 | Brian C. Anderson

[Pokey78]

Ping.

[Libertarianize the GOP]

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[f.Christian]

Originally the word liberal meant social conservatives(no govt religion--none) who advocated growth and progress---mostly technological(knowledge being absolute/unchanging)based on law--reality... UNDER GOD---the nature of GOD/man/govt. does not change. These were the Classical liberals...founding fathers-PRINCIPLES---stable/SANE scientific reality/society---industrial progress...moral/social character-values(private/personal) GROWTH!

[Libertarianize the GOP]

fyi

[ThePythonicCow]

Bump - excellent article - one worth bookmarking.

I had not realized the extent to which the Court had gone off the deep end.

[Texas_Jarhead]

Thanks. That's a keeper.

[MeekOneGOP]

Thanks for the post and the ping, Pokey!

Free the da$$hole 50 and release Bush's judicial appointments NOW, Leahy!:

What the liberals fear is a conservative judicial philosophy called “originalism,” which holds that judges must base their rulings on the Constitution’s text and structure, as the Framers understood it, and they must interpret statutes to mean what they say. Very different from the activist and creative jurisprudence that has prevailed for the last half-century, this approach, which was the Framers’ accepted view of judging, would never have permitted the Court’s expansive policymaking role that produced some of the Left’s most cherished victories. An originalist Court could even overturn some of those victories as unanchored in the Constitution.

Regardless of your view of the specific policies at issue, it is vital to America’s future that Bush win this battle for the courts: the Supreme Court’s politicized role in recent decades is corroding the self-government at the heart of American constitutionalism. In a democracy, voters, not unelected judges, decide the momentous questions. When the Supreme Court forces its policy preferences on the American people without the clear warrant of a constitutional text, as has happened often in the last 50 years, it is acting more as an “anti-democratic Caesar” than as the impartial referee it’s supposed to be, in Justice Scalia’s view. Moreover, by politicizing constitutional law, the Court has weakened the rule of law that is the bedrock of our constitutional form of government. As Justice Thomas notes, if law is just politics, “then there are no courts at all, only legislatures, and no Constitution or law at all, only opinion polls.” Why then would you need unelected judges to perform the same function as an elected congress?

[white trash redneck]

Great article.

[bvw]

Great post!

[Leto]

Bump for a terrific article.

[Jack Black]

Great post. A fun scenario is that one ultra lib dies, like Ginsberg, and Bush can't get through a replacement. So the court runs with 8 for a while. Then another dies, and the court runs with 7 for a while. That could be interesting. Of course it could go the other way too. Scary.

This will be Bush's greatest test and possible largest achievement. If he could put a solid pro-constitution majority on the bench there might be some hope of recovering our Republic. If he bows down to the RINOs, Dems and assorted useful idiots and appoints liberals (like his Dad did on occassion) it will be a huge wasted opportunity and perhaps a "final point of no return" for Constitutional rule in the USA. The stakes are high on both sides, so a battle is assured. This is why the Senate is the critical battle this November.

[PogySailor]

Bump! Thanks for posting a great article.

[EternalVigilance]

Whew...long article!...I certainly don't agree with every single point the author makes...but overall it's a good piece.

...it is vital to America’s future that Bush win this battle for the courts: the Supreme Court’s politicized role in recent decades is corroding the self-government at the heart of American constitutionalism.

Indeed.

There are few things that are more important for our republic, long-term.

EV

[Free the USA]

bttt

[TruthNtegrity]

BTTT

[Free the USA]

bump