Thursday, October 23, 2008

Order in da' court, cause' here come da' Judges!

Be afraid. Be very afraid. If you are frustrated as I am with the decisions the Supreme Court hands down from time to time and the crazy legislation from the bench, churned out by the various federal appellate courts and Federal judges in general, you have to be worried about the real—actually, I think “surreal” is the better term—possibility of Barack Obama obtaining the White House and the authority to appoint Federal Judges. During the next four years. Given the likelihood that there will be Democrat majorities in both legislative houses, you can be sure that we will get some activist judges crammed down our throats in the next four years. It has been estimated that as many as three Supreme Court Justices—the oldest and most liberal ones—would retire during an Obama Presidency, giving him the opportunity to fortify the liberal side of the court. And, with perhaps hundreds of lower federal judge appointments added to the mix, our federal court system could be damaged for a very long time.

Presidents in the past have made claims that there should not be litmus test for appointments to federal courts, but the reality is that only the Republican presidents have followed through on that claim. In recent years, the more conservative presidents, Reagan, Bush, and Bush, have endeavored to put conservative thinking strict constructionist judges on the various feral courts, but have not always been successful. Fearful that republican appointees will seek to overturn Roe vs. Wade, Democrats in the Senate, applying their litmus test that all judges agree with current federal abortion law, have fought hard to keep Constructionist types of the bench. One only has to look to the bitter attempts to smear Bork and Thomas during their Senate hearings to recognize the lefts commitment to abortion and liberal judges. Because of Democrat opposition to conservative judge appointments and the difficulty of finding a constructionist judge who has not made statements about the bad law that is Roe vs. Wade, and because of Republican efforts to be evenhanded, some of their picks have not been that good for us on the Right. O’Connell, Kennedy and Souter were big disappointments for Conservatives. On the other hand, when Democrats have had the opportunity to appoint, Republicans on the Hill have generally acquiesced, to the President’s privilege to choose federal judges as a right of elective victory.

As it sits now, the Supreme Court is fairly evenly divided, with Kennedy providing a swing vote either way, depending on which side of the bed—the left or the right—that he gets up from in the morning. Obama has been very vocal about the judges he will appoint if given the opportunity: "We need somebody who's got the heart, the empathy, to recognize what it's like to be a young teenage mom, the empathy to understand what it's like to be poor or African-American or gay or disabled or old — and that's the criterion by which I'll be selecting my judges." Clearly, if you like your legislation coming from the bench rather than from state and federal legislatures, Obama is your man. He sees the Constitution as moldable, like a piece of clay, to be remodeled and twisted into the shape necessary to change America. McCain has said that he will pick constructionist judges, who will interpret the US Constitution as the founders intended.

There are mechanisms within the Constitution to amend it as it seems necessary. The requirements are strict and suggest that amending the Constitution should be a thoughtful and no easy matter, as can be seen from the following:
Article V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of it's equal Suffrage in the Senate.
The Constitution should not be amended or changed by Judges’ decisions and Obama’s idea of a qualified judge does not inspire me. The image of justice that Americans generally have is of the statue of ‘Lady Justice” holding up the scales in balance and wearing a blindfold. This suggests that justice should be handed out equally, without respect to persons. I think Obama’s image is of a lady holding scales that are heavy on the left side and the blindfold is pulled up to see who her judgments might affect.
Of all the reasons to not vote for Obama—his socialist agenda, his relationships and associations with leftist radicals and unscrupulous characters are deafening to those who are listening—his intention to fill the courts with leftist ideologs should equally give us great pause. Even just four years of appointing judges without enough conservatives in Congress to check his efforts could drastically alter the direction of our country and would likely take many decades to remedy. But, you be the judge.

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