Day By Day© by Chris Muir.

Monday, October 31, 2005

The inevitable end result of the Court's political games

I've always liked the Constitutional idea of the separation of powers, with the Legislature making the law, the Court interpreting the law and the President enforcing the law. Since the Warren Court, however, the Court has gotten more and more involved with making the law, rather than interpreting it. The reductio ad absurdum of the Court's abandonment of its historic role appears in this Chuck Schumer objection to Alito:

’It is sad that the president felt he had to pick a nominee likely to divide America instead of choosing a nominee in the mold of Sandra Day O’Connor, who would unify us,’ the New York Democrat said.
Sen. Schumer, just a little bit of history: politicians are meant to run on uniting/dividing platforms. Judges are simply meant to interpret the law through the Constitutional prism, something Sandy Day often had a problem doing. I mean, honestly, when it came to impenetrable opinions that are almost impossible to put into effect in the real world, nobody did it better than Justice O'Connor.