Daily Ramblings:
A Charge To Keep ...07/01/2005 06:35:37 pm
All this blather about the Supreme Court, what with Sandra Day O'Connor's retirement, and in particular all this blather about what kind of judge President Bush "might" send up, completely ignores (purposefully no doubt) what he's already said unequivocally on the subject. Both in the 2000 and in the 2004 elections, where this was an issue, and on the occasions when it came up in debates, George W. Bush said he favored "strict constructionists." Though the term itself is disliked by some, it is understood to mean the same as "originalist," i.e. a judge who, like Antonin Scalia or Robert Bork, believes the only objective and safe way of interpreting the constitution is based on sticking to what it meant when it was written. The challenge is applying the meaning and original intent of this written law to unanticipated questions and dilemmas. It can be done in way that can be meaningfully argued, debated, and supported.
This is as opposed to those who believe in a "living" constitution, where, for example, a fundamental "right" to abortion can be found, even though an originalist would have to say that the constitution is silent on the subject. A "living" constitution can be found to say literally anything a judge would like it to say.
George W. Bush, by the way, won both of those elections just mentioned, after he clearly expressed his preference for originalist judges. In 2004, he even said specifically that he would nominate judges like Antonin Scalia.
I think that this is one of those areas where President Bush knows exactly what he believes, knows the importance of the issue to the future of the country, and will do exactly what he has said he would do. So no one should be wondering what kind of judge President Bush will nominate; the question is what the Democrats (and some lily-livered Republicans) are going to do about it.
Three words occur to me in relation to all this.
Bring. It. On.
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