Obama and the Supreme Court (What’s really at stake)
Posted: Wed Oct 29, 2008 8:07 pm
Linkarooni
October 29, 2008 6:00 AM
Obama and the Supreme Court
What’s really at stake.
By Edward Whelan
If America’s citizens care to wake up and pay attention before they elect as president a sweet-talking, moderate-posing left-wing ideologue with a history of alliances with anti-American radicals, one of the several matters they ought to think seriously about is the future of the Supreme Court. Simply put, the survival of the historic American experiment in representative government will be in serious jeopardy if Barack Obama is our next president.
Our Constitution establishes a constitutional republic, a system in which, within the broad bounds that the Constitution sets forth, policy issues are to be determined by American citizens through their elected representatives at the state (including local) and national levels. The great battle over the Supreme Court in recent decades is between the proponents of original meaning and judicial restraint, on the one hand, and judicial activists, or advocates of living constitutionalism, on the other. Proponents of original meaning and judicial restraint embrace an interpretive methodology that respects the vast realm of representative government. Advocates of judicial activism and living constitutionalism, by contrast, redefine the Constitution to mean whatever they wish it to mean. They willy-nilly invent rights that aren’t in the Constitution and ignore those that are. Theirs is a philosophy of government by judiciary, with the operations of representative government confined to those matters that the justices aren’t quite ready yet to take charge of or that they think don’t matter very much.
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