RadioActive Chief

Possibly the most profound domestic issue affecting us is the Gumby-like flexability of the liberal members of the judiciary in declaring the law to be whatever their personal viewpoint happens to be, whether or not it is in accord with the actual meaning of the Constitution or what the legislative intent actually was.

There are some cures for this. For one, jurists who have a more originalist view of the law. (A radical notion this: interpret the law to be in accord with the intent of those who drafted it! Scary stuff indeed.) This is the basis of the soon to be superheated debate concerning judicial appointments in the senate.

The other is more interesting, if less likely: exercise the constitutional option to REMOVE JURISDICTION from the Supremes in certain types of cases! To quote Article III, Section 2:
"In all other cases before mentioned the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, WITH SUCH EXCEPTIONS, AND UNDER SUCH REGULATIONS AS CONGRESS SHALL MAKE."

Anyway, a smorgasbord of current news and commentary on the current state of judicial affairs:

"...judiciary...advancing...like a thief..."
This quote comes from an 1821 letter by Thomas Jefferson to Nathaniel Macon.

“It has long, however, been my opinion, and I have never shrunk from its expression, ... that the germ of dissolution of our federal government is in the constitution of the federal judiciary; an irresponsible body, (for impeachment is scarcely a scare-crow,) working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.”

Scalia Slams 'Living Constitution' Theory
Justice Antonin Scalia criticized the Supreme Court's recent decision to strike down the juvenile death penalty, calling it the latest example of politics on the court that has made judicial nominations an increasingly bitter process.

Judge Says California Can't Ban Gay Marriage
Another reminder of why I'm glad to not live in Californ(icate)ia!

MI Abortion Law Won't Take Effect
Another case of judicial anti-legislation.

Dems Promise Scorched Earth if Over-ridden on Judicial Appts.
Definitely worth the price, if the judges get confirmed. One can only hope at the rest of this: a legislature that isn't making new laws is NOT necessarily a bad thing!