Activism
posted in General |ACTIVISM
On 11/5 the Republicans won big. The margins weren't great, but the impact was. A variety of major issues of national concern will be affected, but none more important than the selection of Circuit Court Judges since they are the reservoir from which future Supreme Court Judges will be taken. .
Our system of governemental is set up to give a big advantage to those in Congress who would prevent legislative change rather than effectuate it. If nothing else, just consider the power of Congressional Committees and the option to filibuster. Unless one party has the Presidency and an overwhelming majority in both Houses it is not easy to implement a legislative program. That is why the Democrats and Liberals look to the Courts for desired change rather than passing legislation. As an example, think about capital punishment. No right minded liberal would consider placing the issue on a ballot to let the people vote. Oh no, they will take their chances with a liberal ACTIVIST Judge who will decide against capital punishment. .
Briefly described, an activist Judge is one willing to interpret the law .. i.e., the Constitution .. as the thinks it SHOULD be applied rather that what it says. Every year, we see the Constitution re-written by actiivist Judges – independent of Congress. They simply interpret our #1 Document to mean much more than was ever implied ir intended. And that it why nominations to the Supreme Court are so important. They are the last word.
As opposed to Activist Judges, there are Strict Constructionist Judges, i.e., those who do not stretch the Constitution to satisfy their own social goals or philosophies. They do nor create rights not specifically granted by the Constution, and apply the Constitution as it reads – not what they think it should read. George Bush wants to fill Circuit Judge vacancies with conservative Strict Constructionists. Up until now, Patrick Leahy and Ted Kennedy have prevented these appoinments from being voted upon by the Senate. No more – not after 11/5. . Now the Senate Judicial Comittee will be chaired by Orrin Hatch who will see to it that qualified judicial nominees will be voted up or down in the full Senate. They will not be buried in Committee.
George's judicial nominees, if appointed, will influence this country for the next 10-20 years as changes begin to occur on the Supreme Court. The strict constructionist Judges will be much less likely to expand the welfare state through judicial decree, and we all will be better off. It is difficult to underestimate the judicial impact that will come from this Republican controlled Senate. It is not unreasonable to expect 2-4 Supreme Court appointments in the foreseeable future. And George has the power to nominate.
If ever there was a case to show that one vote can make a world of difference, this is it!