By Doug Newman

August 25, 2005 

Posted at Liberty Post.

Letters to the Editor
Rocky Mountain News
PO Box 1709
Denver, CO 80201

Editor:

The confirmation hearings for Supreme Court nominee John Roberts begin soon. With this in mind I want to debunk two myths you will hear about time and again in the coming months.

The first myth is that the federal courts are accountable to no one. Article 3, Section 2 designates where the Supreme Court shall have original jurisdiction. It further states that, "In all other cases … the Supreme Court shall have appellate Jurisdiction … with such Exceptions and under such Regulations as the Congress shall make." (Italics mine.) The blame for our current rogue judiciary lies squarely with a congress that has been derelict in exercising its duties.

The second myth is that liberal Democrats are to blame for our current judicial state of affairs. Consider that:

• Since 1952, 15 of the 21 new Supreme Court justices have been appointed by Republican presidents.
• Five of the seven justices on the majority in  Roe v. Wade were appointed by Republican presidents.
• Seven of the nine current justices were appointed by Republican presidents.
• For 22 of the 24 years since Ronald Reagan took office, we have had Republican presidents and/or Republican Senate majorities.

And yet, everything Republicans say they despise is still part of our legal and judicial landscape!

The cure for judicial tyranny will happen when Congress is willing to restrain the courts. If Congress continues to neglect this duty, the American people must replace their current representatives with ones who have actually read the Constitution they swear an oath to support and defend. We must not be blinded by party labels. If this means replacing every last congressman and senator in Washington, so be it.

Douglas F. Newman

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Freely Speaking: Essays by Doug Newman

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