As we all learned in grade school, the Bill of Rights were ten amendments added to that framework which stated very simply various inherent rights of the people which government was forbidden to mess with.
And then, of course, there were the other amendments added to the Constitution - especially those during and after the Civil War which provided freedoms to large groups of people who had been considered either property or at best second class citizens.
In fact, my own grandmother didn't have the right to vote until just a few years before I was born. Yet she in the quiet wisdom of universal motherhood saw fit to have me sit on her lap in the 1936 re-election bid of FDR, to explain to me the options on the ballot before us at the precinct, put the pencil in my hand and ask me where I figured I should put the "X". I was five years old.
The point is that the Constitution has been growing both directly and indirectly since its inception as a basic blueprint for a democratic government. Those who wish to revert to the original written word after over two hundred years of sociological and technological change are really "whistling Dixie!"
Does anyone really believe that women shouldn't ‘have the vote' - and ever expect bedroom privileges in the future? Does anyone now believe that we can lawfully have slaves - even Mexican? Does anyone now believe that a person can not be allowed to vote because he can't even read, write or speak English?
The differences between now and when the founding fathers created our Constitution are virtually astronomical. So when conservatives accuse the courts of ‘rewriting' the Constitution, my response is ‘wonderful!' The Supreme Court has done good! We are a freer and better off people than ever before in our history - and we owe a lot of that freedom to the Supreme Court.
But first, lets consider the executive branch where we elect a President because he has some sort of charisma, the women like him, or he likes football, or is a hero or just isn't from New England - unless perhaps he inherits the job like either Truman or Johnson. We the people don't really know the man nor what he is going to do to us until we've elected him for four years! So in the case of the Presidency, we are dealing with a capricious ego maniac who wants to be the most powerful man in the world! Boy! That is certainly reassuring that we're going to have great leadership!
Now, lets consider the Congress. Does our Congress ever pass a bill which hasn't been bought and paid for by special interests? Can we really believe a congressman who is willing to tell us whatever we want to hear? How many congressmen were there who were willing to impeach President Clinton for fooling around with women who were themselves fooling around with women (I think the number was at least eighteen officially known)?
But, in general, our government muddles along passing good laws and screwy laws and good but inept laws - and sometimes it can't seem to get around to pass a law it needs to pass simply because it can't find enough sponsors or it is time for spring break, fall break, or perhaps it'll get in next year.
Perhaps now you understand why we need a good, stable Supreme Court including especially the 9th Circuit! (Who else would take on God!)
It really was in the province of the Congress to pass the legislative equivalent of Roe v. Wade which gives women (still America's second class citizens) the very limited right to determine what happens to their own bodies if they are pregnant? It is a simple fundamental right concerning "who owns your body, you or the state"? This involves both men and women and should be written in the Constitution for all citizens - until then, we are all slaves owned by the state which owns our bodies. Yet Congress could never field such a divisive subject - the religious community would never allow it amongst others!
It took the Supreme Court in its very limited capacity to actually give women the small freedoms they now enjoy. The poor were finally allowed to have legal abortions performed by medical doctors rather than to drive needles into their own bodies and hope nature would do its job and that they'd live through it and not go to jail for murder.
Does anyone really disagree with the rule of ‘one man, one vote' which was decreed by the Supreme Court? Congress would most certainly never have changed that any more than they will ever get rid of the Electoral College and so many other things which could actually make this nation into a democracy!
Or, how about the racial integration of schools...? Does anyone seriously believe that the Congress of the United States would have had the guts to integrate the schools? It took the Supreme Court to do that!
So how about the Alito confirmation? I'm sure he is just as they (and he) says he is - an experienced, objective judge of the law - honest, good family man, loves baseball, unassuming, quiet, and dedicated to interpreting the laws and precedents, as written, and very specifically not creative with respect to law. He has stated that it is not the job of the Supreme Court to write law but to simply monitor the Executive Branch and Congress to make certain they stay withing their Constitutional guidelines. He is very impressive in his memory of case histories - he has a remarkable mind. I'd trust him just as I trust my computer - they both are remarkable.
So let me pose this question. If my assessment is not too far off regarding the Presidency of this nation - that it is primarily involved in people handling both here and abroad - and in making day-to-day decisions. And if Congress spends most of its time accommodating special interest groups - if they can afford to pay -- and would never tackle anything controversial which would cost votes for re-election. Just what branch of government do we need to rely on not only for justice but to also lead our culture into more enlightened times?
I can think of many things that our society needs to address in justice and fairness to our citizens. I'm also certain that we can't rely on anything beyond creative justice from the Supreme Court to advance our society.
I don't think that Alito, nice guy as he may be, is or would be able, to weigh in any more than my computeer would. | | | | | | | |
No comments:
Post a Comment