Standing Firm for Judges
Tony BeamDr. Tony Beam's Weblog
- 2005 Apr 12
The Leftist onslaught against Republicans in the Senate reached hysterical levels this week. Sometimes conservative and always controversial Senator John McCain (R) Arizona appeared to be in full agreement with Democrat majority leader Harry Reid that the Senate should not do away with the current filibuster rule. If Republicans cave to Democrat threats to shut down the Senate, conservatives can forget any chance of seeing judical reform or of seeing a true conservative elevated to the Supreme Court.
Left-wing pressure groups began running TV ads over the weekend to bolster their case against Republican efforts to honor the constitution. A multimillion dollar as distorting the true nature of the filibuster debate will run in 18 states where Republican Senators are viewed to be vulnerable to political pressure. The ads are being paid for primarily by the Alliance for Justice and People for the American Way. Dozens of other, smaller liberal groups are also contributing money for the campaign.
The ads use a clip from the 1939 film "Mr. Smith Goes to Washington" where film legend Jimmy Stewart dramatically carries out a filibuster against the majority aligned against his viewpoint. Of course, the ad doesn's explain the difference between a normal legislative filibuster and the practice of filiburstering judicial nominees. The filibuster is a time honored procedural maneuver used by the minority party to slow down or hold up legislation it opposes. But never, until the current filibuster showdown instigated by Democrats, has it been used to derail specific judicial appointees that are out of step with Leftist ideology.
The constitution calls for the Senate to "advise and consent" conncerning judical nominations submitted by the president. The requirement for confirmation is spelled out as a simple majority (51 votes in the Senate) not a super majority (the 60 votes required to end a filibuster). Senate Democrats have abused the filibuster rule preventing 10 of President Bush's nnominees from receiving an up or down vote by the full Senate. This abuse of both the letter and the intent of the constitution must not be allowed to stand.
Our judicial system was never intended or designed to make law or impose the personal preferences of activist judges on an unwilling populace. Example abound of judicial bodies who are abusing their power by actually instucting state legislatures in advance concerning what laws they will consider contitutional. The whole same sex marriage debate broke into the public spotlight when the Supreme Court of Massachusetts, in an unprecedented move, told the legislature what law they must pass ini order to win the approval of the court.
What liberals have to been able to gain at the ballet box by influencing the will of the people they have attempted to gain by force through a willing judiciary that is becoming more and more aligned withthe American Left. And state courts are not the only ones who have taken it upon themselves to decide what is best for America.
The United States Supreme Court is now relying on international law instead of looking at case law and current statutes in this country as its sole source in decision making. The recent Supreme Court decision outlawing capitol punishment for anyone under the age of 18 was based on an examination of laws from countries around the world. It was also, astonishingly enough, based on the perceived opinion of the majority of Americans.
A federal court in Florida refused to consider new evidence in the Terri Schiavo case even though they were instructed to do so by Congress, further illustrating the fact we now have a judicial branch that believes it is superior to the legislature where the power of the people resides.
God's Word clearly states that unjust judges are a sign of God's judgment on a nation as well as a sign that God's people have abandoned His principles. Our founding fathers were wise enough to design a government that is based on a set of checks and balances. They did this because they knew that heart of mankind is evil and deceitful. Left to our own devices, we will always fall to the lowest common denominator. We need the influence of God and His Word in order to rise above the natural inclination of our heart.
Without God, the most we can hope for is a system where we hold each other accountable. It is the people, working through their duly elected representatives in the legislative branch that MUST keep the judicial branch in check. If the people are silent, we will all be subjected to judicial tyranny. Rise up! Let the Republicans in Congress know you support their efforts to reign in a judiciary that is out of control.