18 April 2005
Judges' Dominance Poised to Become Total?
Stage Set for Judicial Tyranny if GOP Senate Drops the Ball
The Chief has commented on the warping of the fabric of state by the trend of judicial usurpation of what are properly legislative and executive prerogatives, by the interpretations of deconstructionist chop-logic judges intent on converting their personal ideological and philosophical attituded into law.
This TCS piece sets up the framework for this process to be carried to its culminating conclusion: absolute judicial dominance so overwhelming as to have the effective force of tyrrany:
Two recent cases, taken together, reveal a systemic problem with the American court system. In Roper v. Simmons, a juvenile death penalty case, the court asserted a right to base it decisions on sources other than law, appealing to both international law and an even murkier "evolving standard of decency". The effect is to deny the other branches of government the ability to check the power of the courts by establishing rules before the courts enter a situation. In the Terri Schiavo case, the federal judiciary cited the precedent of Plaut v. Spendthrift Farm, which expressly denies the right of the other branches of government to check the power of the courts after they have made a decision.
This is the reason that the fight over judicial nominations is so heated, and critical to both sides. Since the ascension of the current libDem establishment in the 30's, their power was unbridled until the start of the Reagan revolution in the 80's. In spite of some stubborn holding actions since then, their position of political power has continued to decline until their last stronghold in the political structure is the judiciary, hence the scorched-earth opposition to judicial appointments by the Daschle/Reid leadership in the senate, and the crocodile tears cried over the possible imposition of the constitutional option to change the filibuster rules governing "advice & consent". The argument that most judges appointed have in fact been confirmed is specious at best - since it is the appeals court appointments that have been targeted for special attack.
These positions have a disproportionate role in the administration and interpretaion of law; in addition, these judges are the "AAA Farm System" (to use a baseball analogy) of the SCOTUS (Supreme Court). If Sen. Frist and the rest of the GOP Senate leadership drops the ball on this one, they will have conclusively demonstrated their incompetance and/or lack of intestinal fortitude to such a degree that the only solution is to remove them from any position of leadership responsibility for now and in the future.
The Chief has commented on the warping of the fabric of state by the trend of judicial usurpation of what are properly legislative and executive prerogatives, by the interpretations of deconstructionist chop-logic judges intent on converting their personal ideological and philosophical attituded into law.
This TCS piece sets up the framework for this process to be carried to its culminating conclusion: absolute judicial dominance so overwhelming as to have the effective force of tyrrany:
Two recent cases, taken together, reveal a systemic problem with the American court system. In Roper v. Simmons, a juvenile death penalty case, the court asserted a right to base it decisions on sources other than law, appealing to both international law and an even murkier "evolving standard of decency". The effect is to deny the other branches of government the ability to check the power of the courts by establishing rules before the courts enter a situation. In the Terri Schiavo case, the federal judiciary cited the precedent of Plaut v. Spendthrift Farm, which expressly denies the right of the other branches of government to check the power of the courts after they have made a decision.
This is the reason that the fight over judicial nominations is so heated, and critical to both sides. Since the ascension of the current libDem establishment in the 30's, their power was unbridled until the start of the Reagan revolution in the 80's. In spite of some stubborn holding actions since then, their position of political power has continued to decline until their last stronghold in the political structure is the judiciary, hence the scorched-earth opposition to judicial appointments by the Daschle/Reid leadership in the senate, and the crocodile tears cried over the possible imposition of the constitutional option to change the filibuster rules governing "advice & consent". The argument that most judges appointed have in fact been confirmed is specious at best - since it is the appeals court appointments that have been targeted for special attack.
These positions have a disproportionate role in the administration and interpretaion of law; in addition, these judges are the "AAA Farm System" (to use a baseball analogy) of the SCOTUS (Supreme Court). If Sen. Frist and the rest of the GOP Senate leadership drops the ball on this one, they will have conclusively demonstrated their incompetance and/or lack of intestinal fortitude to such a degree that the only solution is to remove them from any position of leadership responsibility for now and in the future.
