Belmont Club

By Richard Fernandez

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September 7, 2009 - 5:21 am - by Richard Fernandez
JMH
2009-09-07 10:20:01

The courts interpret the constitution, and from the highest court there is no … To many it seems better to keep the courts free of politics and leave rights issues to the ordinary political process, in which politicians can be held responsible by the electorate

The observation that there’s no reasonable avenue of correcting a bad high court decision is relevant. The Left has been playing this game for a couple of generations now. My home town once voted to give exceptionally generous handouts to homeless people. The predictable result was a huge increase in homelessness, a ruinous increase in the cost of the handout program, and soon after a new city council that quickly voted to eliminate the program. Troublemakers sued, and the initial judge ruled that the city had, ahem, violated the rights of the homeless people by eliminating the program (I think it was “due process” rights, but can’t remember for sure). Eventually sanity prevailed in a higher court, but that was years ago and the march of Leftists through the courts has continued since then.

In the rock-paper-scissors structure created by the Founders to divide up governmental power and set those divided powers against one another (so that they would not turn on the people), the courts have become a sort of super-scissors, able to cut rock as well as paper. Among the other corrections we need to make in re-righting the ship, we’ve got to make sure the rock can smash the scissors again.