Posted on 04/12/2010 5:36:43 PM PDT by Kaslin
In the post-Nixon era, Gerald Ford may be forgiven for nominating the now-retiring John Paul Stevens, left, to the
Supreme Court. But Eisenhower and the elder Bush had no such excuse for two other GOP disappointments, William
Brennan, middle, and David Souter.
When Supreme Court Justices retire, there is usually some pious talk about their "service," especially when it has been a long "service." But the careers of all too many of these retiring jurists, including currently retiring Justice John Paul Stevens, have been an enormous disservice to this country.
Justice Stevens was on the High Court for 35 years — more's the pity, or the disgrace. Justice Stevens voted to sustain racial quotas, created "rights" out of thin air for terrorists and took away American citizens' rights to their own homes in the infamous "Kelo" decision of 2005.
The Constitution of the United States says that the government must pay "just compensation" for seizing a citizen's private property for "public use." In other words, if the government has to build a reservoir or bridge, and your property is in the way, they can take that property, provided that they pay you its value.
What has happened over the years, however, is that judges have eroded this protection and expanded the government's power — as they have in other issues. This trend reached its logical extreme in the Supreme Court case of Kelo v. City of New London.
This case involved local government officials seizing homes and businesses — not for "public use" as the Constitution specified, but to turn this private property over to other private parties, to build more upscale facilities that would bring in more tax revenues.
(Excerpt) Read more at investors.com ...
Ping
Not by me. The Stevens appointment--and its consequent 35 years of micturating on the Constitution--marks the Ford administration as a total failure.
Thanks for the ping, Kaslin!
Eisenhower said that appointing Earl Warren and William Brennen were the biggest mistakes of his Presidency.
“slap down by Dr. Sowell on some SCOTUS nominees”
Like shooting fish in a barrel for the Doctor!
Exactly correct! :)
Thanks for the ping. That was a particularly scathing and insightful column.
“John Paul Stevens is a classic example of what has been wrong with too many Republicans’ appointments to the Supreme Court.”
bump for article plus “race and politics” series
Thanks for the ping jaz. Reading Dr. Sowell’s article I was also thinking about todays Republican Party, and thinking how little faith I have in them.
It’s easy to feel depressed when one looks at what is out there as the Republican Party leadership.
There are so few shining lights, but there are some.
Republicans picks for the SCOTUS turn left as soon as they are sworn in. Democrat presidents picks ARE leftist and they STAY that way. I dream of a Byron White.
I’m not an expert about the confirmation hearings back then, but it doesn’t seem like they were nearly as politicized as they are now.
My hypothesis about this is that in general people who are judges are more often than not liberal to begin with. However, when you sit on a lower court it is a lot easier to be a conservative jurist because the conservative viewpoint would seem less likely to be overturned. Once you are the final say and can’t be overturned it is much harder to not let your personal politics sneak in.
As the process has become more politicized I think it has been less of a problem because the people doing the picking have made sure of what they are getting ideologically all around.
“Republicans too often appoint judges whose confirmation will not require a big fight with the Democrats. You can always avoid a fight by surrendering, and a whole wing of the Republican party has long ago mastered the art of preemptive surrender.”
Sowell is the master of short, sweet and to the point.
you are very welcome :)
That’s a great column tonight, Kas! :)
Democrats don’t ever vote in conservative jurists to my knowledge. Guess that’s why Republicans are called the stupid party or at least it has a stupid leadership.
Yeah, Ford was from the RINO / country club branch of the GOP. No more of those losers, thank you very much.
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