Wednesday, March 22, 2017

Seeking Judicial wisdom, From Any Viewpoint

THERE IS NO PROVISION in the U.S. constitution which requires a Supreme Court justice to be a conservative. Yet, from what you hear in the media and among our political leaders, you might be forgiven for mistakenly believing that there is. The best kept secret among conservatives is that no particular personal political ideology is a criteria for ascension to the nation's highest court. We should, and we were intended to, appoint people with intelligence, integrity, and a history of impartial, well reasoned, renderings from the bench, not conservatives or liberals. As to what the founders "intended" or "meant" by their words, we can never know for sure, because we cannot read minds. We can only guess, based upon available documents. We know that the second amendment was meant, for instance, to apply to eighteenth century muzzle loading muskets, not automatic nor semi automatic high powered rifles. So then, why do the conservative "originalists" insist that it applies to AR 15s and AK47s? The esteemed document also designates African-Americans as three fifths of a human being for purposes of congressional apportionment, and upholds slavery. So much for conservative originalism; let's stop worrying about what dead people thought, or might have wanted us to think, and get down to the business of using the constitution as it was intended; as a living, breathing document which must, by definition, be interpreted, as all words on paper must be. Our original intent republicans need never have illegally prevented justice Garland from being considered for the high court; he would have done a good job, although as a political moderate. Justice Gorsuch, a right wing conservative in his daily life, needn't be feared or reviled by liberals. When push comes to shove, he will render justice, impartially, equally, under law, the way it was intended, even when his decisions appear to be liberal in nature. Sometimes good jurisprudence seems liberal, sometimes it seems conservative. What matters is that it always seems fair, and wise.

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