Saturday, July 02, 2005

Ironic Who Advocates Changing Constitution Regarding Supreme Court and Other Federal Judgeships

One ironic aspect of the discussions about possible election of federal judges and limiting their tenures is that both ideas are usually pushed by my fellow Republicans, mostly from disapproval of what they regard as courts rendering liberal judgments, legislating from the bench, or disregarding what they see as the Framers' "original intent." They're also bothered by their perceptions that individual justices have changed their views on some subjects over time and barring impeachment and removal from office, they can't be removed from office.

These Republicans would tell you that they want to "preserve" the Constitution. But if that's the intent of these proposed changes, then surely the answer is not to perform major surgery on key provisions of the document, ones that preserve the integrity and independence of the federal judiciary.

We need to remember the lessons of term limits, proposals also once pushed by Republicans, then from frustration over Democrats being entrenched in elective offices.

At the federal level, it resulted in a Constitutional amendment which has prevented two overwhelmingly popular GOP presidents, Eisenhower and Reagan, from seeking third terms they most certainly would have won. More significant for the country, it denied us the services of able public servants who were prevented from seeking office again.

At the state level, at least here in Ohio, it has resulted in giving more sway to entrenched bureuacracies and office-holders who bring blind ideology unseasoned by experience or the wisdom afforded by it to their jobs. For more on this subject, read here.

Amending the Constitution, which would be required in order to enact the election of federal judges or to limit their tenures, should be done with great circumspection anyway. While it's clear that the Framers compromised on slavery to make the union stronger than it had been under the Articles of Confederation, no such compromising with right effected their work when they created the delicate balance of power among the three branches of government found in the Constitution. It reflects not only the genius of people like James Madison, often called the Father of the Constitution, but also all their experiences with the uses and abuses of power and the wisdom of the ages.

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