The real issue here is not whether Scalia’s successor will abide by the Constitution.Moreover -- and this is something most persons will resist knowing ... even when it is directly pointed to in the Constitution ... for is it contrary to the indoctrination they received when they were ignorant teens -- the US Constitution creates the federal courts, including the supreme Court, as creatures of Congress, rather than as a "co-equal" (and therefore, somehow, Supreme) branch of government.
It’s whether we will.
Consider: in a representative republic of 320 million people, we’re all now talking about how one appointment of one unelected lawyer can radically change the face of American law, rights, and freedoms. Anything wrong with this picture?
This isn’t to say that a civilization’s fate being radically altered by one man’s death and another’s ascendancy hasn’t been humanity’s norm. Autocracy has been humanity’s norm. The king would pass on and people might lament, “You mean Aylwin, that kid who drools on his cloak, is next in line? How shall we be ruled?” But does this sound like a concern in a land of, by and for the people? The fact is that a government cannot be stable if one man’s fancies and fortunes can have such a great impact on it and the wider society. Did the Founding Fathers -- who were most concerned about avoiding the aggregation of power by any one entity -- really devise such a flawed system?
The legislative branch has the power to make law because the Constitution grants it. The executive branch has the power to enforce law because the Constitution grants it. And the courts exercise judicial supremacy -- where its decisions constrain not just its own branch but the other two as well, making it not a “co-equal” branch but a super-legislature/über-executive -- because ____________?
The answer has nothing to do with the Constitution. Rather, the Supreme Court unilaterally declared the power in the 1803 Marbury v. Madison ruling.
That’s right: Like an upstart seizing the reins in a palace coup, the Supreme Court assigned the Supreme Court its oligarchic power, all without the force of arms. It’s a nice con if you can pull it off.
This isn’t how our system is meant to work. A governmental branch derives its power from the Constitution -- not from itself. ...
Thursday, February 18, 2016
Selwyn Duke at American Thinker: Did Justice Scalia Already Give Us the Solution to the Problem of Filling His Seat?