The judiciary’s rulings are not the supreme law of the land, even rulings from the Supreme Court. The judiciary is not the only or even final arbiter on the Constitution.
The pro-life movement seems to have no answer to courts allowing blue states to expand abortion and preventing red states from limiting it even in the smallest ways.
What they were able to do to the Constitution implicitly through the courts, many progressives are now calling to be done externally at the expense of the judiciary’s independence.
Democrats embrace the basic tenet that judging is simply another form of politics. This embrace echoes the rise of the politicized life on the left.
When a president or legislature is faced with following either a court ruling they know has no constitutional basis or the actual Constitution, they should heed Hamilton’s advice.
How increasingly letting states and citizens sue to stop laws and regulations they don’t like, such as President Trump’s immigration order, can politicize courts and end self-government.
If widely embraced, judicial engagement would give constitutional conservatives something to get genuinely excited about.
Rather than accepting the Supreme Court’s usurpations as ‘law of the land,’ Republicans should restore the court’s coequal status with Congress and the presidency.
To truly merit a place on the Supreme Court—whether for Merrick Garland or someone else—the next appointee must understand the constitutional power he or she exercises.
If the Supreme Court were ever going to defend the Free Exercise Clause, this was the case to do it.
Forget judicial review. After King v. Burwell, the Supreme Court is here to be a partisan rubber stamp.
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