The Senate confirmation hearings over the nomination of Judge Sotomayor are yet another clear clear display for all to see of the weaknesses of our Supreme Court setup.
The Constitution actually said very little about The Supreme Court and cracks began to appear almost immediately in our young country. Since the Court's jurisdiction was so vaguely spelled out, Chief Justice John Marshall (in 1802) usurped by fiat that The Court has the authority to decide the constitutionality of all laws. Now, in modern times, The Court MAKES new laws and CREATES new rights from it's bench!
We talk of "checks and balances" between the three branches of The Federal government, but I believe that The Supreme Court, for all practical purposes, has NO check or balance on it. Why? Because any REAL check or balance must have some kind of enforcement. That would mean that the possibility of limitation, punishment, or removal be in play. None of these exist for The Supreme Court. The Senate confirmation hearings are supposedly THE check and balance for The Court. Yet these can easily be sidestepped by any candidate who is a master of legalese-deception-talk and mean nothing if senators are lax at this job. Why would we appoint ANYONE to ANY government position FOR LIFE? The framers thought that that should keep Justices out of the fray of politics. They were WRONG! We now know that ALL humans are political. We are a political species. The political cannot be separated from our genes. What is it the feminists say? The personal is political, and the political is personal. We (and Court Justices too) are fallen, sinful creatures in need of the regeneration of The Saviour. And, until that World of The Kingdom of God here on Earth, we ALL need controls on our various proclivities. So, I propose that we amend The Constitution to:
1) spell out the REAL jurisdiction(s) of The Supreme Court.
2) change the term of a Justice to one four year non-consecutive at a time.
3) allow confirmation by BOTH House and Senate.
4) no Justice can recuse himself from a case unless an Appeals Court Judge can be sworn in by temporary, case-specific appointment (again by House/ Senate approval).
--Ray Curtis, Friday August 14, 2009
Part 2 on Monday -- The Southern Confederacy's attempt to correct Supreme Ct. holes,
Part 3 on Tuesday -- The spiritual evil behind the step-by-step erosion of our counrty.