ConfirmThem

By Paul Zummo Posted in Uncategorized — Comments () / Email this page » / Leave a comment »

Jonathan Adler recently posted this comment on The Corner, and I think it well worth pondering.

I certainly agree that the judiciary has strayed far beyond its proper role. But I don't share the view voiced by many conservatives that judges are the greatest threat to liberty and self-government in America today. It is the political branches that refuse to cut spending, adopt budget-busting entitlements, suppress political speech, create uncontrollable bureaucracies, authorize regulatory intrusions into everyday life, and so on. To me, this remains a far greater threat than the occasional judicial usurpation. Don't get me wrong. I think the judiciary is exceedingly important, but I also think conservatives should be careful not to overstate the judiciary's impact.

At a glance I largely agree with this sentiment. As a fiscal conservative I am outraged that the GOP has become somewhat soft in regards to domestic spending, though I still think they are a far cry from what the Democratic party has become.

But the key point is that representatives are just that - representatives of the people. As Shannen Coffin alludes to in his response on the Corner to Adler, the members of the other branches face re-election, and can be voted out of office if the people deem them unfit. It is of course admitted that that conjecture is somewhat more theoretically than factually true. The re-election rates of House members demonstrate that it is rather difficult for a Congressman to draw enough ire from their constituency to ever be voted out of office. But the fact remains that legislators and executives face their constituency every few years. Judges do not, and therein lies the grave problem.

What's more, the judges have severely altered the balance of power. By placing themselves as the ultimate arbiters of constitutional law, they have become the de facto most powerful branch of government. Any branch which can so easily determine the limits of its own authority, and which can dictate what the constitution does and does not mean according to their own whims, has attained far more power than envisioned by the Framers.

That is not to say that Adler does not make a fair point about the irresponsible behavior of our federal government. But to repeat, at least they face the people and must answer for their decisions.