Thursday, August 12, 2010

Particularly Stupid

Ben Shapiro is regularly grist for my mill, but sometimes he outdoes himself, as he did in this weeks article.
We used to call it tyranny. Now, apparently, we call it an "independent judiciary."

At least that's the way the left sees it. The role of the judiciary in this country, according to liberals, is to act as a sort of super-Senate, qadis on the hill who decide based on whim and fancy how the rest of us should live. The American people are benighted morons; the judiciary is full of brilliant moral thinkers. They must rule us.
Note how Ben thoughtlessly avoids any engagement with what the courts are actually doing or with what Liberal might actually think. But to clarify, Courts interpret laws in regards to the Constitution and precedent; if a law is found to be in conflict with constitutional principles, the courts will overturn said law. This isn't because these judges are "brilliant moral thinkers," this is because they know what the constitution says. Now we might disagree with their assessment (with the current Supreme Court I often disagree), but let's not pretend it's something it's not.

Shapiro basically then argues for the legislatures and Congress to remove several hot button issues from the Jurisdiction of the courts (those issues regarding Gay Marriage, Abortion and Immigration), and if the Courts continue to hear such cases to defund them. I'm not sure exactly how this would work; if you have a case involving abortion you could go to the lower courts but not the higher ones? More to the point, once we've taken this idiotic step, what's to stop the Legislature from moving such cases as Worker Safety and Consumer Protection out of the Courts Jurisdiction as well? Seems like a pandora's box.

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