Originalism in trouble as fundamental in religion and intolerable in social transaction.

The politicization of a Supreme Court is not a new phenomenon.The “capture” of a chief judiciary has been a goal of political parties since they were invented..Although unrecognized officially by the Founders they are the legacy of Whigs and Tories,Lords and Commons,,etc.There is really nothing new under the sun.
The hoopla and hoop de do about the Kavanaugh nomination and confirmation would still be an insult to women and a disgrace for so called judicial procews and tempeament but would be slightly less troublesome wee not lifetime tenure attached.So much for the wisdom of Originalism that saw lifetime as 45-50 years but not 80 to 90 and beyond.

Categories:

3 Comments

  1. To judge the laws specifically as written by Congress should not be impacted by the passage of time. Math and logic do not change with the ages. What does it matter if a Justice’s average lifetime is 50 or 100? However, for those embracing an agenda to allow a few Jurists to reinterpret the laws that have been written by Congress it matters a great deal. So, we see more clearly why the Democrats were so unhappy about accepting a brilliant “original intent” Justice called Kavanaugh.

    The people are beginning to understand why the Democrats are grasping at any emotional lever that could possibly prevent the judicial sector from standing in their way. “The fundamental transformation of the United States of America”, as once proclaimed by Barack Obama, will now be much more difficult. But they will continue to try.

  2. CST: “The politicization of a Supreme Court is not a new phenomenon.”

    This is historically true.

    CST: “Kavanaugh nomination and confirmation would still be an insult to women … would be slightly less troublesome were not lifetime tenure attached. So much for the wisdom of Originalism that saw lifetime as 45-50 years but not 80 to 90 and beyond.”

    Two points: not only an insult to women, but also to the oath of “the whole truth and nothing but the truth.” The man openly perjured himself in front of those interviewing him as to his character, honesty, and temperament. Surely, The Federalists could have come up with someone better qualified, with the legal profession behind him/her! But, perhaps not one having declared himself to endorse giving the “imperial president” a free pass.

    Original intent, 18th Century style … only when it’s convenient. Emoluments Clause. No one is rushing to that flagrant violation of the original Constitution.

    P. S. Compulsive retirement age would be wise. But in the meantime, may RBG live forever!

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.