When the News Isn't Fit to Print ... Blog

The Litmus Test Should Be For Presidents, Not Judges

In Back in the Day, The Wrong Right Turn on 28/04/2010 at 05:54

There is a simple reason the Founders did not require a law degree in the U.S. Constitution for court justices; they had drafted a succinct document that could be read and understood by everyone.

The Founders did not envision a future generation so unethical and dishonest and lacking in character that it would deliberately twist their words. Which of course has happened.

However, with only a couple of exceptions throughout the years, Republican presidents have been notoriously bad at picking Supreme Court justices.

We expect this of Democrat Presidents. Liberals have no regard whatsoever for “originalism” and have for years applied a rigid set of litmus tests for every nominee to the appellate bench as well as the High Court. Not so Republicans.

But even the highly venerated Ronald Reagan gave us Anthony Kennedy, who in recent years has gone outside the Constitution to render decisions. Reagan was 1 for 4 in the Supreme Court Justice department; he gave us Kennedy, the renowned Antonin Scalia and the complete scatterbrain, Sandra Day O’Connor. In fairness to the Dutchman, however, he did nominate Robert Bork, a fine and brilliant conservative, who was … well, borked by the Left.

George H.W. Bush cancelled himself out by giving us David Souter and Clarence Thomas, arguably the most maligned Supreme Court justice in U.S. history. Also, it should be noted, to his discredit, that he placed Sonia Sotomayor (who would make a good replacement for Judge Judy) on the appellate bench.

George W. Bush is an exception, and conservatives who hate him need to thank their lucky stars he had two terms. He gave us John Roberts and Samuel Alito and elevated Roberts to Chief Justice, keeping the Court conservative after William Rehnquist’s retirement.

Eisenhower did a miserable job with the Court, giving us Earl Warren, whom Ike later lamented as “the biggest damn fool mistake I ever made.”

Add in the plethora of liberal justices who have sat on the court over the last 100 years and it becomes easy to understand the importance of selecting, not good justices, but good presidents. We have become top-heavy and bogged down with interpretive law.

Arizona’ s immigration law is a good reason for every conservative American without exception to vote from this year forward.

I have developed a litmus test for myself in all future Presidential elections: my candidate must not be a lawyer, must not have an Ivy League degree, and must not be a lifelong politician. I want a citizen-politician in the White House, one that serves and goes home.

My candidate must: have at some point in his or her recent past lived with and as the rest of us (wealthy is fine, just not inherently wealthy); they must have owned a business; possess common sense and faith in the Western God, and have a strong family life.

This does not assure us that judicial appointment made by conservative presidents will always be as conservative as their writings suggest, or that they will remain so later in their careers, but no liberal in modern history has ever veered to the Right.

The Founders’ original intent for the Constitution is vital if we are to keep America American, and most Americans do not want liberals on the bench.

In a few days, Barack Obama will field his second Supreme Court nominee to replace retiring Ford appointee John Paul Stevens, and his shortlist, as anyone would expect, is not liberal but über-liberal. Every Republican in the Senate must be held accountable for their vote.

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