By Jueseppi B.
Anthony M. Kennedy, Calif. 1988– —Calif.1936—Roman Catholic
Clarence Thomas, DC 1991– —Ga.1948—Roman Catholic
Ruth Bader Ginsburg, DC 1993– —N.Y.1933—Jewish
Stephen G. Breyer, Mass. 1994– —Calif.1938—Jewish
John G. Roberts, DC 2005–—N.Y. 1955—Roman Catholic
Samuel A. Alito, Jr., N.J.2006– —N.J. 1950—Roman Catholic
Sonia Sotomayor N.Y.2009– —N.Y. 1954—Roman Catholic
Elena Kagan N.Y.2010– —N.Y. 1960—Jewish
By George F. Will, Published: June 15
Since Thomas replaced Marshall 21 years ago, no appointee has altered the court’s balance: Four liberals replaced liberals and two conservatives replaced conservatives. Today, however, two conservatives (Scalia and Kennedy) and two liberals (Ginsburg and Stephen Breyer) are in their 70s. So if Obama wins he may be able to create a liberal majority; if Romney wins he may be able to secure a conservative majority for a generation.
One hopes that Romney knows that on today’s court the leading advocate of judicial “restraint” is the liberal Breyer, who calls it “judicial modesty.” Contemporary liberalism regards government power equably, so the waxing of the state seems generally benign. Yet Romney promises to appoint “restrained” judges. If, however, the protection of liberty is the court’s principal purpose, it must not understand restraint as a dominant inclination to (in the language of Romney’s Web site) “leave the governance of the nation to elected representatives.”
Such as those elected representatives who imposed Obamacare’s individual mandate? Or those representatives who limited (with the McCain-Feingold law) the freedom of political speech of persons acting as individuals? Or those who limited (with the law that Citizens United overturned) the speech rights of people associated in corporations? Or those who seized private property under eminent domain not for a clear “public use” but for any “public benefit” that enriches government? (This abuse was ratified by a “restrained” court majority in Kelo v. New London.)
When courts fail to enforce the Constitution, “typically they say that the proper recourse is through democratic processes — which offers hollow comfort given that presumably it was democratic processes that created the constitutional violation in the first place.” As Madison warned: “Wherever the real power in a government lies, there is the danger of oppression,” and in this nation “the real power lies in the majority of the community.
Although Hamilton called the judiciary the “least dangerous” branch because it has “neither force nor will, but merely judgment,” it is dangerous to liberty when it is unreasonably restrained. One hopes Romney recognizes that judicial deference to elected representatives can be dereliction of judicial duty.”
End Of George Will’s article.
I do not respect George Will. I do not like George Will. George Will is absolutely correct in what he writes above. The Presidency is all about the Judicial Branch of government. The Supreme Court Justices appointed by the Man who is President the next 4 years will be crucial to what path America takes.
I do NOT want to live in an America where Willard Mitt Romney, and those pulling Willard Mitt Romney’s strings, are in charge of appointing the next Supreme Court Justices for The United States Of America.
Remember Citizens United? Remember A.L.E.C.?
Americans who think like George Will are dangerous in ways you have yet to comprehend. If you have children, especially female children, a vote for Willard Mitt Romney will return those women, and the bottom 99% of Americans, to the stone age.
This election On “NO”vember 6th, Twenty Twelve, is the most vitally important election in 100 years. This election is not just about who sits in the Oval Office. This election is about what ruling political party selects the next Justices of The Supreme Court. This Presidential election on “NO”vember 6th, Twenty Twelve is about the Judicial Branch of the United States of America.
“BARACK” The Vote.
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