Hang 'em High

Led by Newt Gingrich, the Republican pack of Presidential contenders embraced a new line of contention in their December 15th debate. At least it was one I hadn’t previously noticed. They did so in a way that displayed both an eerie pandering to right-wing social interests and an embarrassing ignorance of just how our particular form of government works. I refer to their attack on our third branch of government – the Judiciary.

Michelle Bachmann was by far the most colorful in her attempts to lasso this contrived concern as a backdoor attack on such issues as woman’s rights (including abortion), gay rights, workers rights, voter’s rights, and the suspension of individual liberties in the name of security…to name a few. In her Meet the Press interview following the debate she said the following:

"What we need to do about it is have the--both the president and the United States Congress take their authority back. And I would agree with Newt Gingrich that I think that the Congress and the president of the United States have failed to take their authority because now we've gotten to the point where we think the final arbiter of law is the court system. It isn't."

I can’t imagine what foolish people out there have the audacity to think our court system is the final arbiter of law. Obviously Michelle is geh-fumpted suggesting Obama, in just three short years, has managed to turn over interpretation of US law over to the courts! Those pesky judges actually being allowed (by Obama of course) to sit at their benches and make decisions about disputes of law brought before them. What can you expect from a Kenyan socialist?

The fact that the Supreme Court currently has a Conservative majority doesn’t appear to appease her. When asked by David Gregory of Meet the Press whether she felt Congress should ignore Court decisions they (Congress) didn’t like, she said:

"No, we don't ignore those decisions. But, again, we need to remember that the United States Congress and the president of the United States have the power and authority to pass law. We have the idea that laws are ultimately made by courts today, but that isn't true. It--the, the, the--Congress, together with the president can pass law and change what the, what the Supreme Court says….The problem is the Supreme Court or other members of the court have passed decisions that aren't in conformity with our Constitution. That's what we take issue with. That's why it's important that the people have their representatives be able to pass laws as the president would sign in conformity with their will."

She also said in the same debate that she was a "serious candidate for President of the United States". I mean…seriously? The only thing she’s a true candidate for is talk show host on Fox News.

Newt Gingrich doesn’t have the same Land of Oz approach to our Constitution as Bachmann. Still, his rhetoric calls for Judges to be subpoenaed by Congress to defend their decisions, the presumption being that Congress can reverse those decisions in some fashion (by-passing superior courts?). He believes such has ideological relevance - Constitution be damned. Of course both candidates are pandering to that liberty loving right-wing element of the Republican Party that somehow believes those individual freedoms which they find personally offensive are unconstitutional. Bachmann, who has proven herself since 2008 to be a political half-wit, is about as offensive in her assertions as say…the town drunk is about sobriety. However, Gingrich, with his declaration of being a political scientist and historian, is truly offensive…and a little bit scary.

I find it an entirely reasonable argument that the US Judiciary is the most critical branch of our Government, allowing this representative democracy to survive nearly a quarter of a millennium…it is the glue. It’s the branch which brings strength to the US Constitution primarily because 300 million people for better or worse are willing to accept the conclusions it reaches in dealing with dispute. It is hardly flawless. Yet even with all the frailties human beings inherently bring to any organization, the American Judiciary has withstood the test of time with historical consistency and a remarkable resistance to corruption. It is the hidden jewel within our Constitution, keeping the Nation on track even as politicians frequently attempt to derail it.

The US Congress, a body which often operates more like a plutocracy than a democracy - pushed this way and that by social currents - is hardly a place for consistent and just arbitration, nor is the Executive Branch. One could only imagine the instability that would exist if there was no acceptance and reasonable faith in our Judiciary. Bachmann declared in the same debate that we were not a banana republic. Too bad for her.