Although there are three branches equally necessary to good government, the judicial third seems the most indispensable
Supreme Court justices are removed enough from society that they are still capable of being great thinkers on the issues that come before them. Some argue that justices are too removed from our changing society and are therefore out of touch with public sentiment. But public sentiment is the worst thing for justices to be exposed to. If the men and women who preside in our nation's highest court had ruled in sync with the thoughts of the people for all these years, history would be very different. And it would probably be worse because the people have often been wrong.
The members of the Supreme Court always have been, and are today, great thinkers. Whether conservative or liberal, the opinions of justices are always thorough and thoughtful. And whether you agree with them or not, their reasoning is always persuasive.
That is more than can be said of many of our lawmakers and executive leaders, who rarely have great ideas or real courage.
But recently, a group of Republican lawmakers came up with an idea that would give them more power to check the high court's justices. Ten House Republicans introduced a bill that would allow Congress, by a two-thirds vote in both the House and Senate, to override individual decisions of the U.S. Supreme Court.
The bill would allow Congress to reverse the judgments of the U.S. Supreme Court. Rep. Ron Lewis, R-Ky., introduced the bill. Lewis argues that the Supreme Court has become increasingly overreaching and disconnected from the values of everyday Americans.
To that I am compelled to ask: What are the values of everyday Americans? But that question is scary, and in this column I will avoid frustration in trying to answer it.
The fact is that the court's great thinkers often have been disconnected from the values of the American people, making unpopular decisions but nevertheless leading the nation with a brave vision far ahead of their time.
Dru Evarts teaches media law in the school of journalism. She said the accusation that the Supreme Court justices are disconnected is nothing new. For instance, when the Brown v. Board decision integrated schools in 1954, people were upset that there were nine un-elected officials running the country.
And today, yet another controversial case has inspired legislation that could undermine court activism. This time, it is the issue of same-sex marriage that has the 10 legislators frantic. It is an issue seemingly as controversial and unimaginable as integrated classrooms were 50 years ago.
The nine co-sponsors of the bill are citing the Massachusetts ruling in favor of same-sex weddings as the prime example that the court is disconnected.
Supporters of the bill point out that even when Democrats had control of Congress, the legislative branch of government has declined to enact legislation in support of anything controversial: affirmative action, busing, abortion, integration.
When the Supreme Court started taking tough stances on tough issues, there was a panic that it was becoming a super-legislature, bending the meaning of
the Constitution to fit the justices' agendas.
The bill, although it has no chance of passing, should alarm the American public.
While 10 minds are plotting increased supervision of the high court, there are 10 less minds considering the supervision of truly questionable bodies, like the U.S. military.
At least scholars seem to agree that the bill has a slim chance of going anywhere.
The bill is very bad. It defeats the three-branch government, Evarts said. It takes scholars who have studied the law and the constitution to make informed decisions.
One Hoover Institution research fellow, Arnold Beichman, analyzed the effort eloquently.
The bill is about as hopeless as the fate of Sisyphus; doomed for eternity to roll up a steep hill a huge stone that tumbles back down when he reaches the top. Then the whole process starts once more
he said.
Let us leave the great thinkers to their work. They haven't failed us yet.
--Crosby loves the fact that you can now hear the mysterious voices of justices on the news, though you still can't see them. Send her an e-mail at newsworthyohio@yahoo.com. 17
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Meghan Crosby
