Thursday, March 21, 2019

An Undemocratic Power Grab

You pack sardines.  You don’t pack the courts.

As if we needed any more evidence that Democrats are still not taking their devastating 2016 election loss well, they want to pack the U.S. Supreme Court.

In recent weeks, there has been growing support for court-packing on the Left. A number of Democrat presidential candidates have either endorsed the idea of expanding the size of the Supreme Court to reverse the current 5-4 conservative majority among the justices, or at least indicated they are open to it.

Those expressing such views include Pete Buttgieg, Kamala Harris, Elizabeth Warren and Kirsten Gillibrand. Former Obama administration attorney General Eric Holder also argues that the idea should be "seriously" considered. Presidential candidate Robert Francis O'Rourke has suggested a plan to increase the size of the court to fifteen justices: five Democrats, five Republicans, and five more justices selected by the other ten.

Court-packing would destroy the entire institution of judicial review by creating a pattern of escalation under which each party would pack the court any time it simultaneously controlled both Congress and the presidency. That would ensure the Court would almost never rule against any significant initiative of the party in power, no matter how dangerous and unconstitutional.

Apparently, Democrats believe originalists like Antonin Scalia who was replaced by Justice Neil Gorsuch and Brett Kavanaugh who was appointed when Justice Anthony Kennedy announced his retirement, hold seances with our long-dead Founding Fathers. 

The Constitution and the Bill of Rights continue to puzzle the current crop of loons seeking the highest office in the land and our friends on the Left.
Scalia most notably said, “As long as judges tinker with the Constitution to do what the people want instead of what the document actually commands, politicians who pick and confirm new federal judges will naturally want only those who agree with them politically.”

The Supreme Court has been set at nine seats since 1869, and the last attempt at packing the court occurred in the 1937, when President Franklin Delano Roosevelt was frustrated that the court had stymied some of his New Deal proposals. He proposed appointing a new justice for every sitting justice over 70 years old.

The public was horrified by visions of “Caesarism” and punished FDR’s Democrat Party in the 1938 midterm elections.  It was the most consequential legislative and political failure of the Roosevelt Administration.

The 29-year-old Bolshevik bartender from the Bronx, Alexandria Ocasio-Cortez, proclaimed Democrats should “pack the Supreme Court of the United States of America” as a way of kick-starting a left-wing transformation of America.

As heirs to a legacy more than two centuries old, it is important to remember there still exists other forms of government in the world.  Those countries long for a democracy such as ours.

UPDATE:  Welcome readers of Bad Blue Uncensored News.  We’re glad you stopped by and hope your day is a good one.

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