Thursday, January 26, 2006

Evolution Right Now

It's happening right now. Evolution. Right in front of our eyes.

It was bound to happen. The United States Supreme Court is not an inviolable, unevolutionariable institution. In fact, the constitution never explicitly gave the court the power of Judicial Review. It took Marbury vs. Madison to jumpstart the court's evolution. So it comes as no surprise that the court evolves over time. And we are now watching the birth of a new court. Feel the pain.
Senators in Need of a Spine

But portraying the Alito nomination as just another volley in the culture wars vastly underestimates its significance. The judge's record strongly suggests that he is an eager lieutenant in the ranks of the conservative theorists who ignore our system of checks and balances, elevating the presidency over everything else. He has expressed little enthusiasm for restrictions on presidential power and has espoused the peculiar argument that a president's intent in signing a bill is just as important as the intent of Congress in writing it. This would be worrisome at any time, but it takes on far more significance now, when the Bush administration seems determined to use the cover of the "war on terror" and presidential privilege to ignore every restraint, from the Constitution to Congressional demands for information....

A filibuster is a radical tool. It's easy to see why Democrats are frightened of it. But from our perspective, there are some things far more frightening. One of them is Samuel Alito on the Supreme Court.
(link from Eschaton and Daily Kos.)

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