Jowls shows his ignorance
Last week Ted Cruz, a bonafied expert on the Constitution suggested that Supreme Court Justices, because they have made themselves into a political branch of government, should sit for retention, as many states require of their judges.
Governor Chris Christie, a newly announced rival to Cruz for the Republican nomination for president, in a Fox News interview we saw this morning, quickly showed some remarkable ignorance by criticizing Cruz for the suggestion insisting that the concept would turn the Supreme Court into a political institution. Does Christie seriously think it is not already, that politics do not enter into the initial appointment and approval process (which would not change under Cruz’s suggestion) and that they are immune in their tenure from a variety of influences including political developments?
Under a retention system, once appointed they serve for a specified term at which time the people are provided the opportunity to vote yes or no as to whether they should be retained. Most retention votes overwhelming result in retention. It is one possible way of responsibly weeding out judges but it certainly does not guarantee their replacements will honor the constitution. We would maintain that automatic retention votes are arguably meliorative of the political nature of the SCOTUS and can provide a check on incompetence or politicization that is far more practical than the impeachment process.
In addition to retention voting, and much more urgently we prefer the invocation of Article III Sec. 2 powers as provided for in the Constitution. That provision provides that Congress may restrict jurisdiction in order to be a check on SCOTUS ignoring what the Constitution actually says. The power of the purse is another means to check the Supreme Court but it is anemically used at best. The Congress should never be subject to any court as to what it spends according to its own specifications. Pathetically it thinks that it is.
Tongue in cheek proposal preceded by serious analysis
In her latest article Clarice Feldman suggests each of us becomes an “expert” as to where all the legal rulings are coming from these days — outside the Constitution. She suggests attending her Penumbra School of Law . Her tongue in cheek recommendation comes after her serious and compelling analysis of what the SCOTUS majority has done.
If the Court can “help out” Congress by reading into laws what isn’t there and changing the clear meaning of words like “state” into “federal”, it can “help” Congress even more by systematically rewriting any law with which a majority of the justices disagree . . .
You can get your law degree from me at little cost and in rapid order. How? Well, we can skip all the courses on legislation. All we need is a meditation course in its place where we try to divine the feelings on matters of the linchpin Justice Kennedy. And we can dispense with constitutional law since it is now whatever five justices think it should have been. Contract and Corporation Law classes are unnecessary as the GM bailout established they count for nothing if the president decides to abrogate them. Immigration Law is unnecessary, too. No need to read what Congress has passed about immigration just leaf through the latest executive orders from the White House.
DLH and R Mall
