Mark Caserta: Supreme Court has become too political

25 Jun

Do these nine individuals deserve our trust for a lifetime?


Mark Caserta: Free State Patriot Editor

Jun. 25, 2015 @ 12:01 AM

As the highest court in the land, the Supreme Court of the United States has the responsibility of interpreting the law as it applies to all cases and controversies arising under the Constitution. Unfortunately, through the years, the court has succumbed to being government’s ultimate political apparatus.

Article III, Section I of the U.S. Constitution states that “The judicial power of the United States shall be vested in one supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish.” As the guardian and interpreter of the Constitution, the court is charged with ensuring “equal justice under the law” for all Americans.

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A Supreme Court ruling is final and cannot be overturned by any single entity, including the president of the United States. Rulings may be nullified only if a decision is based on a law that Congress has passed, and Congress decides to change the law. Or if the decision is based on the Constitution, and the Constitution is amended. And of course, a later court may overturn a ruling if they deem it unconstitutional.

So what makes these nine Supreme Court justices so wise that we grant them vast power and control over our lives? In this writer’s opinion, not much.

While both the executive and the legislative branch have a say in the court’s composition, little consideration is given to the “constitutional caliber” of this ruling entity.

As a matter of fact, the entire process of vetting individuals nominated for court vacancies has become shallow and conspiring to the point of absurdity. The Constitution doesn’t specify qualifications for justices such as age, education, profession or native-born citizenship. A justice doesn’t even have to be a lawyer or a law school graduate! Sadly, it seems more consideration is given to the ideological balance of the court than to the justices’ qualifications.

Frankly, the polarization that’s enveloped the nomination and confirmation of a justice of the Supreme Court has rendered it dangerously political. Remember, an appointment to the Supreme Court is a lifetime commission! The potential ramifications of an ineffective, perhaps partisan court could impact generations!

Currently, the Supreme Court is about as balanced as it’s ever been. It’s popularly accepted that Chief Justice Roberts and Justices Scalia, Thomas and Alito (appointed by Republican presidents) comprise the court’s conservative wing. Justices Ginsburg, Breyer, Sotomayor and Kagan (appointed by Democrat presidents) make up the court’s liberal wing, with Anthony Kennedy (appointed by a Republican president) as the court’s moderate and often “swing vote” justice.

Over the years, Supreme Court rulings have literally changed the way we live our lives. Controversial decisions have, at times, been rulings with life or death consequences. Should we really place so much trust in so few individuals?

I’m concerned the Supreme Court has surrendered its noble calling to becoming the pinnacle of political activism. With its escalating impact on Americans, it’s time we protect our nation’s interest by imposing term limits and clearly defined standards qualifying someone to be a justice on our nation’s highest court.

Mark Caserta is a conservative blogger, a Cabell County resident and a regular contributor to The Herald-Dispatch editorial page.

One Response to “Mark Caserta: Supreme Court has become too political”

  1. Brittius June 25, 2015 at 2:41 pm #

    Reblogged this on Brittius.


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