TRUMP LIKELY TO NAME SOLID QUALIFIED JUDGE
LEFT VOWS TO BLOCK
With the resignation of Supreme court justice Anthony Kennedy, Donald Trump will get to name his second Supreme Court pick in his first 2 years. If re-elected he could name as many as 2 more justices. This has caused a furor among those who do not believe in the relevance of the constitution or bill of rights. They fear anyone who will interpret the constitution as it was written.
The constitution is the law for the government, it has been an enduring document that many have a displeasure with. Primarily the constitution and the bill of rights is a document that spells out the responsibilities and limits to the expansion of the Federal government. It is the law for the government. The only thing that the founders missed was they did not provide for specific penalties for those that sought to overstep or ignore the constitution or law for the government. Those powers not specifically granted to the Federal government were to remain the venue of the states and the citizens. The Supreme court has become the arbitrator of whether legislation or acts by the federal government are lawful. Sadly it has become an increasingly political body, attempting to judge by the social or economic climate of the day.
A good Supreme Court Justice, like any other good judge, will be able to ignore the environment of the day and make judgments on the law as it is written. If the law becomes distasteful to a majority of the population there is process to change the law. It is slow, and a hard sell, but it is possible if it really is in need of change. There has not been a change in the constitution for many decades. The only lawful way to change the constitution is through the amendment process.
Many will question a new judge on his opinion of enforcing and adhering to past rulings. This is called precedent. If a court has ruled one way in the past, they believe future judges should respect their opinion. This in effect allows the opinion of a court decision by 5 justices to change the meaning of the constitution. The constitution can only be changed by constitutional amendment. So, they believe if a bad ruling has been made in the past, that does not adhere to the constitution, it is above reproach. This is a false principle. All decisions should be made on the constitution as it was written. Past principles concerning matters up for review should be looked at, but not counted as the defining ruling.
Much of the division in the country has been created by a court that has bent the meaning of the law to find in favor a predetermined result. This has been how many have accomplished their goals by Supreme court decision. This has led to a decline for the respect for the court. The constitution is not that complicated, it is reinforced by much writing by the authors of the time. With a little research and a good sound judgement, most high school graduates could understand the meaning of the constitution. What is needed in a good judge is that he should be able to judge by objective reasoning and not be influenced by political or personal bias.
Many of the divisive issued created by the court have failed miserably in state referendums across the country. This was followed by a Supreme court ruling that overturned the will of the people. This resulted in a lack of respect for the decisions of the court. Such issues should be left for the states to decide and when the majority of states have decided this is appropriate, then a constitutional amendment may be passed.
What is needed is judges who will decide with only the constitution as a guide. After some time maybe the court will be able to deserve respect and confidence of the people.