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December 06, 2005
Somebody had a big bowl of stupid for breakfast
Conservatism has become so tediously full of itself that even when trying to make legal points about the Constitution...they just yield nothing more than utterly stupid:
American conservatives have rightly complained against the power of judges under the American constitution. For the Supreme Court has been able to use its authority as constitutional arbiter to expropriate the law-making powers of the Legislature. The doctrine of the division of powers is like the doctrine of the Trinity: it enshrines a mystery, and nobody really knows how to keep the three powers separate but united. There is a constant danger that they will collapse into one, as they have done under the rule of liberal judges in the Supreme Court.
The American Constitution created an independent judiciary to interpret the laws for a specifically important purpose: to place checks and balances on the Congress and the Executive. The independent judiciary also guarantees the rights of individuals from trampling by the majority. There is no "rightly complaining" about that system. There is no better system.
The legislature doesn't get to make whatever laws it wants to. Our founders made it this way ON PURPOSE..to keep a check on the legislature. While it may frustrate conservatives to not be able to turn the government entirely over to corporations and toss individual rights (except guns..ya get to keep yer firearms) out the window, the courts don't allow it. Not yet anyway.
We know exactly how to keep the triumvirate separate but unified. There's no mystery about it. We've been doing it for 250 years.
The danger of collapse of these three institutions is a recent phenomenon. If Scruton is truely concerned then he should be working to keep conservative judges off the bench while conservatives are running the other two branches. That's the red flag for collapse.
Dr. Scruton (honorary doctorates..see his curriculum vitae)pushes that same elitist snob pap that conservatives lap up like mother's milk: the world isn't safe as long as we can't implement corporations over individuals. Scruton blissfully ignores the obvious conservative stranglehold on American government..as if somehow an imminent collapse will happen if there is a blush of liberalism.
Pompous, arrogant ass must be in season for the conservative social events this year.
Posted by Carla at December 6, 2005 01:52 PM