11-17-2018 03:06:03 PM -0800
11-16-2018 03:20:54 PM -0800
11-16-2018 10:35:46 AM -0800
11-15-2018 12:43:42 PM -0800
11-15-2018 09:56:23 AM -0800
It looks like you've previously blocked notifications. If you'd like to receive them, please update your browser permissions.
Desktop Notifications are  | 
Get instant alerts on your desktop.
Turn on desktop notifications?
Remind me later.
PJ Media encourages you to read our updated PRIVACY POLICY and COOKIE POLICY.
X


Stretch, grab a late afternoon cup of caffeine and get caught up on the most important news of the day with our Coffee Break newsletter. These are the stories that will fill you in on the world that's spinning outside of your office window - at the moment that you get a chance to take a breath.
Sign up now to save time and stay informed!

Blame the Left for Making the Supreme Court Too Political

rainbow flag over the Supreme Court

When President Donald Trump nominated Brett Kavanaugh to the Supreme Court on Monday, Democrat chicken littles erupted in paroxysms of rage.

"Civil rights, women's rights, LGBT rights, healthcare are all under attack," the NAACP warned.

House Minority Leader Nancy Pelosi (D-Calif.) said Kavanaugh would be "a destructive tool on a generation of progress for workers, women, LGBTQ people, communities of color & families," and that his confirmation would "radically reverse the course of American justice & democracy."

The Senate's most radical socialist called for mobilization "to defeat Trump's right-wing, reactionary nominee."

Liberals across the country led protests, and a Fox News host had to move her show inside because she feared for her safety.

When the founders envisioned the Supreme Court, they did not intend nominations to be this contentious. Courts have always been important, but their job is to protect the rule of law, not reinterpret the law to fit their fancy. The over-politicization of the Court can be traced to the Left's acceptance of a "living Constitution" idea that undermined the rule of law and let loose the dogs of political warfare in the arena the founders intended to be least political.

What makes Kavanaugh a "reactionary"? He actually wants to return to the text of the Constitution of the United States. President Donald Trump campaigned on naming "originalist" justices to the U.S. Supreme Court. This means his nominees would apply the text of the Constitution, rather than reinterpreting the Constitution to advocate for what they believe in.

The Left has long treated the text of the Constitution as malleable. Woodrow Wilson, one of the fathers of the "living Constitution" idea, argued that Congress should have the most power when he thought it would benefit him, and then he argued that the presidency should have the most power once he became president. Convenient. Tragically, this founder of Progressivism actually embraced the racist pro-slavery ideas of thinkers like John C. Calhoun, but that's a story for another article.

In his book "Constitutional Government in the United States" (1908), this worst of American presidents wrote that "living political constitutions must be Darwinian in structure and in practice." In other words, they must evolve to suit the times.

Thinkers — and later, justices — took this idea to the extreme, attempting to read new rights into the Constitution that were never intended by the founders.