The Seventh Age

Two separate federal court decisions reported today cast a stark light on the Roberts confirmation circus. Both the Pledge of Allegiance and a ban on the abomination of partial-birth abortion suffered the same inevitable fate yesterday when separate federal courts ruled each unconstitutional. This despite overwhelming public support, and in the case of the abortion restriction, overwhelming Congressional support.

Until the nation wakes up to the fact that our democracy is provisional only, subject to the whim of judges, all we can hope for is judges who value restraint. It is a faint hope. John Roberts will go to the Supreme Court with a safer philosophy, but he will still possess, with his new colleagues, an absolute and unchecked power. This realization among the Senate is obviously why Roberts has to suffer the indignity of sitting through such intense questioning.

But the Senate would better serve American by abandoning the quest to find a person worthy of such power. In the current environment, Conservatives want a Solomon who will never be swayed from first principles, and liberals want an idiot who can be. Idiots are to be avoided whenever possible, but there is no Solomon among us. We are left to govern by our wits alone, and the best mechanism for doing that arose 228 years ago tomorrow in Philadelphia. It involves holding those who wield political power accountable to the voting public at regular intervals and it has not been improved upon. Any moderately educated American can see that the power of the courts is antithetical to the Constitution we will be celebrating. That power rightfully belongs to Congress where it can be checked by the people, and it is Congress’ duty to reclaim it.