Since
I taught federal government classes at community colleges off for 15
years following a 32 yr career in the federal government, I have
studied these issues a little more than the average bear. But I
confess to being confused and puzzled. How do we get a Supreme
Courts containing liberals like Sotomayor and Kagan along with
conservatives of the Thomas and Scalia ilk and still have the gall to
pretend the established process is not political? You say, “Nobody
pretends that. Everyone knows it's political and how it works.”
Everyone? Really? Well somebody needs to whisper that to Mr.
Kavanaugh. He is sitting in the witness chair of the Judiciary
Committee declaring with a straight face that he will follow the lead
of EVERY current sitting justice and render decisions devoid of a
shred of political influence. He will take his extensive judicial and
governmental experience and background, consider the provisions of
the constitution and written law along with the peculiar facts and
circumstances of a case before him and he will vote for a decision
that is obviously correct and apolitical. His only litmus test other
than the constitution will be whether his vote is consistent with the
answers he gave the Senate Judiciary in confirmation hearing years
before.
The
big question or issue that seemingly is never challenged is the
notion that there can appropriately be a “liberal” versus a
“conservative” solution to a given constitutional issue. Are
important laws that poorly written that vastly different
interpretations of those laws can be drawn by different jurists? If
not, then where have we gone wrong in the way we select judges? Why
don't “liberal” justices and “conservatives” reach the same
conclusions in comparing the facts of a case with written law and the
constitution? Had I understood that conundrum, my years teaching
federal government topics might have produced a clearer concept of
the place of the Judiciary in a fair American republic.
No comments:
Post a Comment