There are serious implications in choosing to say he’s “remaking the courts.” That indicates the President is not just replacing retiring judges with new judges; he is instead fundamentally changing the philosophical balance of the courts….’
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This is like saying the sun rises. The problem is not so much “reshaping” the courts, all Presidents try to do that. Indeed, we have been incredibly lucky that none of the old originalist judges on the SCT have not yet kicked off during Obama’s term. Though that said, the Right seems to do a good job of nominating left wing judges all on their own (may John Roberts roast in hell).
At any rate, the problem for the U.S. is systemic. Our courts have aggregated for themselves powers far in excess of those envisioned by the Founders. That is what needs to be changed.
The pool we select judges from in this country is filled with lawyers.Those lawyers are educated at universities controlled by leftists.So selecting a judge has become like trying to pick up a turd by the clean end.
I disagree. There are tons of “conservative” and originalist lawyers. My experience has been that law school does not change ones orientation – hell, the law is built on argument. The fact that a law prof. may take one position does not mean that any student is not going to argue it – nor that 99% of all law profs are not going to respect a contrary argument and grade accordingly. I am very intimately acquainted with a person who graduated in the top 3% of their law school arguing against what some of the prof’s believed.
The problem is not that so many lawyers are left wing head bangers. Its that when one puts on the judge’s robes, they get a God complex. As it stands now, they have life tenure, no discipline for stupidity or activism, and an opportunity to make their personal preferences the near unchangable law of the land. As I say, the problem is systemic. The changes that need to be made include, one, allowing a supermajority of Congress to override SCT decisions, two, a requirement that, to the extent possible, constitutional decisions be based on the text of the Constitution and the original intent of the Founders (which means that virtually all social issues, from abortion to gay marriage, are state decisions to be made by the voters therein, not the courts), and three, a means to recall judges who defy these requirements.
There maybe tons of conservative lawyers out there,but how many take on Federal and State high court positions?
I would agree that there are many closet liberal judges,David Souter comes to mind,but from my chair up in the cheap seats I just don’t see too many conservative judges rising to the Federal level.
So far as limiting the courts power,simply re-inforcing the Constitutuion by removing the SCOTUS power of judicial review would be enough in many cases to right the wrongs of the last 100 years.
It does indeed, GW. But as long as the courts remain a potent weapon for the left and Republicans remain too spineless (and too complicit) to even name the problem then nothing will change.
Who will set limits to the power of the judges?
It’s a rhetorical question, of course – unless it’s to be American Civil War 2.0 that does the job. I don’t see any other way.
Obama will leave his mark on America for decades to come, and it won’t be a happy mark.
But it’s what enough Americans asked for, twice. I doubt very much they’ll learn from their mistake, i just hope others will.