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Sunday, December 18, 2011

Gingrich and the courts

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One of the two things that I am furthest to the right on is the role of the courts.
I believe that the courts should stick to what the constitution says, not what they wish it said.
Pretend for a moment that you agree with me. What is the solution to this problem?
Elect people who will select judges that agree with that view of the role of judges.
Problem solved.

With that in mind, I want to express my dismay at what Speaker Gingrich is saying about the courts and what he would “do about them”.
"I was frankly just fed up with elitist judges imposing secularism on the country and fundamentally changing the American Constitution," Gingrich told reporters, adding that "it was clear to me that you have a judicial psychology run amok, and there has to be some method of bringing balance back to the three branches."

Well, no, they haven’t “run amok”. They are perhaps stretching their power to the limits just like any institution is inclined to do.

One of the main decisions that Newt has complained about is the 9th circuit court’s decision about the unconstitutionality of “one nation under god” being in the pledge of allegiance. There are two very important facts about that decision. One, the pledge wasn’t adopted by Congress until 1942 and the phrase “under God” wasn’t added to the pledge until 1954 and therefore its presence there has absolutely no support by the founders. Two, the decision was overturned by the Supreme Court! That is to say, (if it is a problem) the judicial branch itself provided an internal solution to this particular issue that he is so overwrought about!
Now that he has exaggerated this problem to the level of a constitutional crises, he offers his equally exaggerated “solution” :

“In order to restore balance between Congress, the White House, and the courts, Gingrich recommended ignoring rulings, impeaching judges, subpoenaing justices to have them explain their rulings and, as a last resort, abolishing the courts altogether.”

It's breathtaking. It is hard to know where to begin. Let’s start with the balance between the three branches and this idea that the Supreme Court is the most powerful of them. The Judiciary is totally dependent on the Executive to implement its decisions. The courts are totally dependent on the Executive and the Senate to staff itself. The Congress has the power to remove any member of the judiciary. The fact that Congress does not exercise that power should lead a rational person to assume that they do not believe that things are that far out of balance.

What kind of person turns a small problem into a big problem and then proposes a radical solution to it?

Has Gingrich even thought about how he will maintain an independent judiciary and the rule of law while he has Congress sending subpoenas to judges?

In the monthly report I expressed my distress with Newt when he indicated that he had abandoned the first amendment,
but God-Lordy he has really lost it now.
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3 comments:

  1. It's gotten worse. On one of the Sunday talk shows, Gingrich said that judges who made "controversial" decisions should testify before Congress about the rationale for their choices. And if they didn't want to appear, he would have them arrested by the Capitol Police or the U.S Marshals.

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  2. Yeah, just when I was beginning to warm up to Newt he turns back into Newt. I might replace “breathtaking” with horrifying and I am desperately trying to remember the last time I heard the phrase “god-lordy”.

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  3. As far as I know God-Lordy was the creation of Jay Reynolds at the age of about 10 in Commerce, Texas ca 1980.

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