Judge Robert Yates, aka Brutus, warned of the problems of a Supreme Court acting without checks and balances in 1787, in the Anti-Federalist Papers.
Of all the issues facing us today, the one of overriding importance is who will replace Justice Anthony Kennedy on the Supreme Court. It is a lit match atop a dry stack of timber. It should not be this way.
It is this way because, beginning a century ago, progressives on the Supreme Court began enacting their own policy preferences, effectively amending our Constitution and enacting laws by judicial fiat. They did so — and continue to do so — without check or balance, enacting fundamental changes to our nation. It should not be this way.
I have enormous respect for our Founders. By and large, they crafted a Constitution that would last the ages while protecting, to the maximum extent possible, our natural rights to life, liberty and property. They made but two glaring errors. The first was to fail to definitively deal with the issue of slavery, a ticking time bomb that exploded in 1861. The second glaring error was that they provided no check and balance upon the powers of the judicial branch in Article III of the Constitution. That slowly ticking time bomb, small in 1787, has arguably already exploded in this country, if in slow motion. [Read more…]