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Thursday, October 20, 2005

Judicial Philosophy, Not Policy Preference, Matters

In her soft-sell way, Ann Coulter criticizes the choice of Miers as justice ofr the SCOTUS. Coulter outlines the need for a SCOTUS justice with a judicial philosophy that supports originalism and its structure that the term "Constitutional" means what it says. Coulter writes how it is erroneously believed that the SCOTUS decides on laws as a legislature does and:

so many citizens – even conservative citizens – seem to believe the job of a Supreme Court justice entails nothing more than "voting" on public-policy issues. The White House considers it relevant to tell us Miers' religious beliefs, her hobbies, her hopes and dreams. She's a good bowler! A stickler for detail! Great dancer! Makes her own clothes!

That's nice for her, but what we're really in the market for is a constitutional scholar who can forcefully say, "No – that's not my job."

We've been waiting 30 years to end the lunacy of nine demigods on the Supreme Court deciding every burning social issue of the day for us, loyal subjects in a judicial theocracy. We don't want someone who will decide those issues for us – but decide them "our" way. If we did, a White House bureaucrat with good horse sense might be just the ticket.

It is not the policy opinion of the justices that matters because they do not decide policy according to the framework of our constitutional government. Policy is for the people to decide. This allows for a law to be tested in a given state. It can be easily changed if it does not work. When the SCOTUS decides an issue, it cannot be changed so quickly if it turns out to be a disaster. The idea is that flexibility exists among the states to try things on for size. Only if the law before the Court contravenes a portion of the Constitution, can the Court overrule a law. That is how the framers outlined the process. And a nominee's position on any given policy is less relevant than whether the powers and strictures of the Constitution matters.

1 Comments:

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