June 29, 2003

Supreme Court Says End Justifies the Means

What especially interests me regarding the recent Supreme Court decisions is the common thread it represents among all branches of government over the past thirty years. And that common thread is an amazing lack of restraint when it comes to respecting what your branch of government entails compared to the others or what the role of the Federal gov't is to state gov'ts.

The Senate has basically taken over the nominating process for judges - Presidents now have to get on their knees and ask "who is acceptable to you?" rather than pick his own man. The Senate's power to block appointments was hardly ever used for one hundred and seventy years and now it's commonplace.

Presidents have more or less decided that war is their perogative, for which they may or may not ask Congress' permission despite that power being given, consitutionally, to the legislature.

The Supreme Court, having no one to answer to, simply rolls over precedent, consistency and rational thinking. The Court acts as a super-legislature when it wants to and make arbitrary rulings that constantly surprise for the very reason that they have no rational basis. Certainly the Constitution has ceased being much of a guide for them.

The Court has become purely outcome-based and law is arbitrary enough to allow that. Thus when the Supremes decided that the Florida Supreme Court rulings against Bush in 2000 were a joke (which they were, any eight-year old could tell you it wasn't fair to re-count just a couple counties), they recognized that Bush had won and then came up with some flimsy reasoning afterwards. The Court's motto could now be "the end justifies the means". Mark and Tom ought to be on the Supreme's case.

End of whine.

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