As the presidential election
squeezes down to the wire, for many voters the decision comes down to
one of which candidate will best represent the people of the United States
on Supreme Court appointments.
This next presidential term
is seen by many as pivotal on key issues such as abortion, public prayer,
and the interpretation of the 2nd Amendment right to "keep and bear
arms," because it is expected that as many as three, possibly four,
Supreme Court appointments will be made by either George Bush or Al Gore.
With many of our most recent high profile court decisions, the margin
of ruling has been five to four. Even one judicial appointment could literally
tilt the axis on key issues in this country. In my mind, this is probably
the single greatest issue facing the voters now.
Al Gore has said that he "would
look for justices for the Supreme Court who understand that our Constitution
is a living and breathing document that was intended ... to be interpreted
in light of the constantly evolving experience of the American people."
What is critical here is to
know what Al Gore means by "interpret." Does he mean that to
interpret is to define, or does he mean that to interpret it to shape?
Based on all of the other Algoreisms witnessed in this race, and based
on his radical views in his book, "Earth In The Balance," I
would have to assume that he means "to shape."
This is a classic example of
relativism, or "situational ethics," which has been the hallmark
of the post '60s and '70s era "me generation." It's the mindset
that gave us the mistaken notion that right or wrong no longer matter.
Situational ethics looks instead at whether it "feels" right
or wrong for the individual.
The founding fathers, in writing
the Constitutional blue print for our system of government, envisioned
that their 1700s era perspective may not ring a persistent familiar note
with the evolving peoples of America, which is why they wrote in a provision
for amendment to the document. That process has been used quite profoundly
and aptly numerous times over the course of the past two centuries.
Had the visionaries for this
great republic envisioned the extremes to which our modern judiciary would
"interpret" the Constitution, and effectively "legislate
from the bench," I would imagine they would have included a more
specific check on that particularly destructive practice. Perhaps "we,
the people," should see to that amendment.
Al Gore promises to use a "litmus
test" for any justice that he might appoint if elected. That test
will be whether or not that individual will uphold a woman's right to
have an abortion.
I suspect that if a potential
appointee passes by that issue with Al Gore, there may be a few other
litmus test questions waiting in the wings, such as "does the 2nd
Amendment specifically mean that the people have the right to bear arms
or does that right only apply to a "well regulated militia?"
Another might be does the Constitution,
in preventing the "establishment" of religion, allow the government
to wipe away all vestiges of public expression of religion? Many have
argued, accurately in my opinion, that the prohibitions on all public
expression of religion in effect does constitute the establishment
of a religion atheism.
George Bush has said that he
would name justices to the Supreme Court who would "uphold the Constitution"
as written. He says there will be no litmus test hurdles in his appointment
process. Bush takes a moderate conservative approach to the abortion issue,
believing that it is not a protected right except in cases of rape, incest,
or to save the life of the mother. George Bush seems to reflect the view
of millions of Americans that modern government, big government,
has far exceeded the limits of its jurisdiction. That he would view the
Constitution as a sacred document is refreshing to me.
For those undecided voters
out there, ask yourself this question:
In whose hands do you trust
the Constitution of the United States?
[Your comments are welcome
at: [email protected].]






Easy button Return it to long suffering taxpayers including those who have paid huge tabs to educate other people's kids…