Okay, I can't believe I'm linking to Rush Limbaugh. But hey... this piece is pretty darned good.
For decades conservatives have considered judicial abuse a direct threat to our Constitution and our form of government. The framers didn't create a judicial oligarchy. They created a representative republic. Our opposition to judicial activism runs deep. We've witnessed too many occasions where Republican presidents have nominated the wrong candidates to the court, and we want more assurances this time--some proof. The left, on the other hand, sees the courts as the only way to advance their big-government agenda. They can't win national elections if they're open about their agenda. So, they seek to impose their policies by judicial fiat. It's time to call them on it. And that's what many of us had hoped and expected when the president made his nomination.I'm not concerned about the Miers nomination because I'm a social conservative. I'm concerned because I fear that she will be use her seat on the court to be an activist.
The Founders created a system that is imperfect, but works. That system was slow to respond to a rapidly changing society in the first two-thirds of the 20th Century. There was unfinished business from the 19th - slavery. In an understandable rush to clean up our embarrassing mess - but unwilling/unable to do it by the rules, we contracted the SCOTUS to put a hit on Jim Crow. To paraphrase the Dixie Chicks - Jim had to die. But, by cheating the system and not forcing THE PEOPLE through their elected representatives to clean up the mess, we opened a Pandora's box. The judiciary has become something it was never intended to be. And the stage was set for Roe v. Wade.
Sure, there are unprincipled social conservatives that want to use the judiciary to legislate their religious beliefs. They are short-sighted and are conservatives in name only. Real conservatives do not jigger the rules to get their way. They change the frippin' rules.
Most of the time, tried and true systems - like our little ol' Constitutional Republic - are more important that immediate outcome. The more noble or humane the outcome, the more tempted we will be to skirt the rules. We do so at our peril.
Our Constitution is imperfect, but it WORKS. A pox on those on the left AND THE RIGHT who crap all over it to promote their agenda.