Few issues are as serious as corrupting the spirit of the US Constitution. Few ways of doing that are as pernicious as politicizing the Supreme Court. Yet that is what, apparently, Joe Biden plans to do. Every American should understand this – and six implications. Understanding them could turn the election.
First, our Founders created three co-equal branches, a legislative, executive, and judicial. While related, they were independent, assuring each stayed accountable to the people, no one party in charge, so dictatorship not possible. This preserved individual liberties, for which they had fought a war.
Independence of the judiciary was imperative. Only by keeping that branch above politics – for example, with life tenure – could it fairly adjudicate constitutionality with fidelity to founding principles. If politicized, the process was tainted, tipped, “fixed” in ways that undermined the balance of power.
That is why those who founded our country made clear fundamental rights were God-given, not man-made; independence prevented one branch from corrupting another; and separation of powers mattered. In truth, they distrusted political parties.
Said Alexander Hamilton, military aide to Washington and first Treasury Secretary, political parties might be “the most fatal disease,” as a “faction” (or party) could grab power and undermine the union.
The judicial branch especially must be free from factional domination. James Madison affirmed in the Federalist Papers, America’s “union” checked “the violence of faction,” that is, checked political parties.
Interestingly, Hamilton and Jefferson had opposing views of federal power – Hamilton less fearful, Jefferson more. Still, both served in Washington’s cabinet; faction fell to union. While they founded political parties, neither believed party came before nation, and neither wanted the Judiciary political.
Second, judicial philosophy is different from political philosophy, or should be. The Founders thought the two were different. Today, people talk of a conservative bench, misunderstanding that a judicial conservative is not necessarily a political conservative, although most political conservatives tend to revere history, tradition, and written laws, so tend to be judicial conservatives.
Moreover, for most of our history, “judicial activism” did not exist. Judges tried to apply written laws – statutes, prior holdings, and the Constitution’s words – to facts, period. They were not political.
Of course, that changed last century, explosively 83 years ago, when FDR tried to “pack” the Supreme Court, that is add justices to force favorable political rulings on his New Deal legislation.
This raises a third point. Not only did our Founders insist the Judiciary be independent – to protect minorities and states’ rights – and assume judicial textualism, they never imagined a President and Congress trying to intimidate the American public by taking over the Judiciary.
But shockingly, that is what Biden and Harris aim to do. They favor “packing” the Supreme Court. They refuse to disavow that plan. This week, Biden even said American voters do not “deserve” to know if he will “pack” the Court, until “day after the election.” Strong words and rather weird, those.
Obviously, the idea is to animate the Democrat base, undermine Trump’s choice for the High Court, a Catholic woman named Amy Coney Barret, and make abortion a centerpiece of the 2020 vote, since the Court may review Roe v. Wade, which constitutionalized abortion. Packing is still anti-American.
Fourth, Biden and Harris are way out of their depth. Packing the Supreme Court would fly in the face of the past 150 years of history, during which nine justices sat. The court-packing plan would disown our Founders and offend the spirit of the Constitution, ending independence, politicizing the High Bench.
Damage done would incalculable. The integrity of judicial process, respect for justices and judges, legitimacy of decisions (especially split decisions) from the Court, and downstream effects on law and order, civic institutions, balance of power, and democratic process would be enormous.
Somehow, the anti-constitutional duo does not understand the damage they embrace. Our Republic is fragile. Stability depends on honor and respect – especially for our Judiciary and Supreme Court. If a President disrespects the High Court, let alone injects politics, the outcome swallows any original aim.
Fifth, Biden and Harris are ignorant of history. Eighty-three years ago, FDR thought he was smarter than most. He would whip judicial conservatives, those dared place the Constitution above socialist New Deal legislation – by adding six justices to the Court. That was a huge mistake.
Sobering fact: In 12 years of governing, after four elections (no longer allowed), FDR never made a bigger mistake than trying to “pack” the Supreme Court. When all was done, America rebuked him for the trick. He never lived it down. He delayed entry into WWII fearing the court-packing blunder would cause Congress to cross him. The idea – which seemed clever at the start – nearly ended his career.
So, Biden and Harris are playing with fire. The Founders – and Americans – respect separation of powers. Most would despise a leader who disrespected the Constitution and politicized the Court. Instantly, decisions of the Court would be cheapened, credibility diluted, outcomes contested. The blowback would be swift. Students of history know this. Apparently, none populate Biden’s team.
Finally, Biden-Harris – imagining they can strong-arm a Supreme Court into submission – obviously do not respect the Court, separation of powers, rule of law, or Constitution. Perhaps this is not surprising, as Biden has not practiced law in 50 years, only practiced one year, graduated ninth from bottom, was credibly accused of plagiarism. Harris is not much better, controversies swirling about her legal career.
Bottom line: This idea of packing the Supreme Court is anathema to American democracy, anti-constitutional, anti-American. No serious jurist thinks this a sound idea. Ruth Bader Ginsburg, arch liberal – if friend of Antonin Scalia – disavowed it. Court-packing is an abomination. Biden-Harris – by entertaining it – disrespect our Constitution. Their disrespect should turn the election.
Unfortunately, the Constitution does not specify the number of Justices on the Supreme Court. To limit the number to 9 would require a Constitutional amendment.
ALL Dems want is for Power & politics, see lockdowns & masks ( see CA & NY)
& FDR tried but Dems then said No.
My fear is that such a radical, naked power grab might cause armed uprisings in parts of the country. It could cause chaos like we have never seen since the Civil War. While there will never be a full blown civil war in our country, pockets of resistance could wreck the economy AND the Dims would use it to take away liberties from all of us?
The proof is in the statement that the American people do not have the right to know a candidates position on such a critcal attack on their freedom!
How can anyone vote for Biden- harris when they are so dishonest and so anti American!!!
Wake up People they are coming for your freedom and everything else you have.
Instead of court packing, Biden should get on with bag-packing, as in packing his bags for a one way trip out of Washington DC.
This is disgusting and totally what I have grown to expect from the Democrats. It is sad they have stooped this low. May God be with our President, and ACB. In Jesus Name Amen
What difference does it make if Biden says he won’t pack the Supreme Court? Liberals lie through their teeth – always. Tell people what they want to hear to get elected and then do what they want when they do. How stupid and gullible does someone have to be to believe them?
JFK in his inaugural speech said, ” if anyone who seeks power by riding the back of the tiger will end up inside”. America, wake up! Vote as if your freedoms depend on it,,,,, because it does!
No students of history are on the Biden team. For Biden/Harris, it is all about power. The either cannot or will not answer questions about their support of packing the Supreme Court. The recent news showed Biden saying that he was running for the Senate….no he is running for President. He has failed again today as he failed for the previous 47 years. He cannot speak to any issue due to failing mental health.
Treason???
The only things you can trust Progressively Communist Democrats to do is to lie and cheat! … That sums them up best.
Not withstanding the fact democrats, now seem to be communists, and packing the court is inevitable if Biden and Harris manage somehow to win the coming election. However, there is a huge difference between democrat and republican nominees. By the way that is why they will not say what their plans are on that subject.
The difference between democrat and republican appointments to the supreme court is republicans tend to nominate people who will interpret the law not try to make the law. Which is good for all Americans. Democrats on the other hand are looking for people who will shape the law to fit a democrat narrative whether constitutional or not. In essence making the law. Which does seem to favor the democrats party. That is exactly what chief justice John Roberts did when he was the deciding vote on the constitutionally of the ACA (AKA Obamacare). He obviously tends to lean left even thought he was nominated by George Bush. He tried very hard to find a reason (excuse?) to declare the ACA constitutional. He succeeded much to many Americans dismay. What he found was a penalty making it illegal he could call a tax making it legal even through no one else had even mentioned the word tax.
The ( D ) communists will say ANYTHING to get voted in and flip in the next minute. I like how it was pointed out ( in the debate ) that his POS son was kicked out of the Navy for cocaine use. Then the SOB looks you right in the eye and says THAT is a lie. Biden voters are hypnotized ZOMBIES.
If Kamala and Joe are successful and they also win the Senate, let us travel into the future once “packing/stacking” has been implemented. Just imagine a country where this process is repeated by those who win the majority. They get to add whomever they wish! How many Supreme Court Justices could there be? There could be an entire group of appointed robes larger than the 104 Senators. Get it?
Thanks for a great explanation & history of Supreme Court. For 150-years, nine justices have worked out & so why change it. Neither party should control the Supreme Court decisions & also both parties should quit complaining/bashing decisions they do not agree with. The Judicial Branch should be neutral & support all American citizens. But every President wants to put his picks on the court, why??
The DemonRats refusing to answer about stacking The Supreme Court reminds me of when they wanted Republicans to vote for Obamacare without letting them see what they were voting for! I watched as Speaker Nancy said ” Vote for it and we will let you look at it” On another note any AMAC Members watch 60 Minutes last Sunday? I was amazed to watch Republican members of The Lincoln Project denounce President Trump and advocate for voting DemonRat! If they do not like our Presidents leadership style is it one thing but to accept money from the DemonRat Party to pay for antiTrump ads is treasonous! Was it not President Lincoln who said ” A house divided cannot stand”? Hello!!!!!
I am sure there are many cases when voters do not like either candidate and it is the old saying ” Vote for the lesser of two evils”. Since Ronald Reagan I have had strong feelings that the Republican candidates were not that strong but I still voted for them believing they had the best interests of America in their hearts. The Lincoln Project Republicans must be blind not to see that President Trump has made good on every Campaign Promise and accomplished more in 3 years that benefits every American than all other presidents combined! I wonder how they will feel when a Socialist President is elected, there is a knock on their front door and Venezuelan Style Troops tell them they are confiscating their guns,property and money! This is how it has been done in every Communist Country in history! When this happens we will not need a Supreme Court!
God Bless America
Biden & Harris do not deserve votes , if they will not answer this simple question with a Yes or No . Evading the question is not very professional & considerate to American voters. Wait until after election & I will let you know is not an answer.
Harris is on record for her “History Lesson” she said Lincoln chose not to nominate a replacement in the 27 days before he election. She either did not know or chose to forget the senate was not available. When the senate was in session, Lincoln nominated Chase and he was immediately confirmed. We have to keep believing there are enough Americans to keep Civics and Politics separate and continue a traditional government which has served us so well
That was an excellent article! I agree completely; there is nothing I can add to it.
The only reason this has become an issue is because your sickly, genital-grabbing, Putin puppet, reality-show host “president” is politicizing the court. McConnell and GrahamMa claim that they are now doing what they have been elected to do. Likewise, if Biden/Harris are elected, they will do what they have been elected to do. Why should 9 non-elected people have that much power anyway?
The article stated “Court-packing is an abomination.” If Biden-Harris are elected, this will be only one of MANY abominations the Demsheviks will perpetrate against the American people. What they have in mind to do will essentially deconstruct America as we know it. The Constitution will be eroded or dismantled, taxes will become oppressive, our freedoms will be severely constrained, curtailed, or outright eliminated, and our economy will tank – and this is just the SHORT list of the depravations the Demsheviks will inflict on us.
Harris is an unethical politician and would do whatever it took to retain and solidify permanent power. Although Biden is not mentally or intellectually fit for President, he wants the Presidency so badly (witnessed by his 2 previous runs) that he will say whatever it takes to get there, even if he doesn’t really agree with that position. This is a naked power grab by the DemSocs, and to hell with the country.
I can’t imagine a sports team standing up together with a straight face and saying – “we want to change the rules of this game so we can win”!. Then, once they win, continue changing the rules so they can’t lose! Does that sound like any sports event you’d want to watch? Not me! Yet, the democrat party wants to alter our political system in this same way. Democrats refuse to compete in the realm of ideas as they have in the past . but rather want the “win” handed to them.
Two words for Biden-Harris & they are not the vulgar ones either.
So how do they plan to do this and legally?
WE THE PEOPLE are the government, socialist/dems ignore that fact, WE THE PEOPLE need to re-assert our power to self rule by FIRING THESE incompatent self serving morons who have not done thier jobs in decades, if I ever performed my job as poorly as politicians I would not be employed for long, WE THE PEOPLE have the power of term limits it is called a VOTE, we need to watch how they perform and retain or replace with someone that will SERVE the people, which is all they are supposed to do. WE ARE RESPONSIBLE FOR WHAT IS GOING ON IN D.C. time to fix our mistakes. RED, KAG, VOTE TRUMP AND STRAIGHT REPUBLICAN ON NOVEMBER THREE!!!!
AMAC should stop moving new posts to the bottom, many oplnions are missed because they get buried too fast for others to evaluate and possibly be swayed by a good piece of information they did not have before.
Confused Joe Biden stated that, President Trumps nominating Judge Amy Barret for the Supreme
court was unconstitutional. Someone in Bidens camp should buy him a copy of the constitution.
However, I believe that would be a waste of money.Biden would forget what he read before he got to the end. It’s hard to believe that this compromised man is running for president ! God help
us all if he get’s elected !!!!
The Supreme Court requires someone that is God fearing, honest, and not afraid to stand up for what is right!!
One thing I have learned over the past 10 years since leaving the Democrat Party for the Republican Party; If the Democrats says the Republicans are doing it (i.e. trampling on the Constitution), the Democrat Party has been doing it for years! Apply that thought to everything the Democrats are screaming about and you’ll see, it’s true!
Did you see Trump at rally in Florida yesterday? He was really acting funny/goofy when he said he felt so good he would like to kiss a whole bunch of people in crowd. Seems very odd to me & not real presidential.
As a South Carolinian, I greatly resent Lindsey Grahams allowance of 4 days to interview Judge Barrett. Two days is enough.
This is abuse. The Senate should vote tomorrow. The dems will, over the next 48 hours spring a halloween horror which will, as usual, fail. The dems have the longest string of failed plots (against Trump) in the history of the nation. I feel sorry for them and hope that someday one
of their subversive plots will work just to make it entertaining. The dems love failure. They have shown us this for 4 years. They wake up
every day thinking “how can we make fools of ourselves today ” A move against Judge Barrett will certainly fail.
“Accountable to the people” is perhaps the most important statement in this article. The Democrats are no longer accountable, at least not most of them. It’s all about power. There are some Republicans, sadly, who are also all about themselves. I believe that President Trump is the first President in a very long time, perhaps since Reagan, who is actually accountable to the people.
I tried to post this on Fakebook but it won’t allow. It says this story has ideas that some find offensive. I’ can’t believe America is becoming Nazi Germany 1936.
I might be old but I still regret I have but one life to give for my Country. Trump 2020
The sad TRUTH is that there is no effect check or balance on the Judiciary in OUR Constitution beyond impeachment! It will take a Constitutional Amendment to try to fix this situation, which will require an overwhelming majority for one Party! Our luck with Constitutional Amendments past the 10th has been both horrible and dismal!! My favorite idea would be to require all Federal Judges, including Supremes, to have to run against their record ever “N”? years and get at least “NN”? of the Popular Vote. President Appoints and Senate Approves is an excellent system but it leaves no check or balance. The only President to over rule the Supreme Court was President Andrew Jackson refusing to enforce a tariff ruling! Truly Great and Extraordinary Constitution but, to Quote St. Paul: “The letter of the law killeth”!
Push back against the bullies!! Join the Trump Movement – The American Revolution 2.0!!! Become a Counter-Revolutionary!!! Stand-up for Our Republic!!!! Remove Every DemocRat!!!!!
American History: Every time a SCOTUS vacancy has occurred in an election year and the Presidency and the Senate are held by the same party, the vacancy was filled that year! Bullies are crybabies. The Crybaby DemoCommies are trying to bully all of America to get their own way!! Push back against the bullies!! Join the Trump Movement – The American Revolution Version 2!!! Become a Counter-Revolutionary!!! Stand-up for Our Republic!!!! Remove Every DemocRat!!!!!
If we all get out and VOTE, YES we, the true AMERICAN Citizens CAN win back the House and hold the Senate! Join the Trump Movement – The American Revolution 2.0!!! Become a Counter-Revolutionary!!! Stand-up for Our Republic!!!! Remove Every DemocRat!!!!!
What is happening today is exactly why OUR Founders wrote and passed the 2nd Amendment!! If we are not willing to fight for OUR Country, we do not deserve to have it!! Join the Trump Movement – The American Revolution Version 2.0!!! Become a Counter-Revolutionary!!! Stand-up for Our Republic!!!! Remove Every DemocRat!!!!!
Most Europeans came to America to get away from the “Swamps in their Countries”. Thanks to the DemocRats, now we have our own Swamp which is even more controlling and dictatorial!! Join the Trump Movement – The American Revolution Version 2.0!!! Become a Counter-Revolutionary!!! Stand-up for Our Republic!!!! Remove Every DemocRat!!!!!
Get our Children our of Public Schools and turn-off Mainstream Media! Become a Free American!! Join the Trump Movement – The American Revolution 2.0!!! Become a Counter-Revolutionary!!! Stand-up for Our Republic!!!! Remove Every DemocRat!!!!!