The Thing Newt Gingrich Doesn’t Get
OR
Republican Heavyweight Re-Writes Constitutional Power
OR
Gingrich Writing on Judges is the Kama Sutra of Position Papers: Disturbing and hard to understand
Newt Gingrich is not going to be president, so maybe this is like kicking a guy while he is fat. The former Speaker of the House that was chased out of the position like a Mormon being tarred and feathered has made quiet a splash in this campaign. Hailed as an “idea man,” Gingrich is something of a ethereal creature. Neither smart nor dumb, not liberal or conservative, Gingrich is an enigma. He’s the sleazeball that ran your high school as principle, the foul criminal salesman that sold you a bad Toyota. And now, he wants to arrest and possibly imprison Supreme Court Justices.
His website does plenty to make you feel warm and fuzzy. He even quotes himself at the top of his page on protecting life and religious freedom, before providing a helpful link to a position paper he recently wrote. The topic? Subpoenas for federal judges (including those on the Supreme Court) that make “Anti-American decisions.” Gingrich makes it clear that the legislative and executive branch are completely passive to the rulings of the high court. Gingrich — surely giggling wildly and sipping on powerful brew while penning the 25-page madness — says that a constitutional amendment shouldn’t be required every time the Supreme Court makes a decision that Congress doesn’t like.
According to Gingrich, the Courts are meant to be weak and checked regularly by the executive and legislative branches of our government. But now, judicial activism has made the courts supremely powerful and unbalanced.
Poor, sad Mr. Gingrich. It must be difficult, operating with such an infantile understanding of our government. Normally, I’d spend a tender-thousand words explaining that Newt is a criminally negligent fear-mongering fascist. But instead, I’ll just explain why he is wrong. Here are some myths that Newt-the-no-so-Cute would have you believe about judges:
Myth 1: Other than Constitutional Amendments, the legislative and executive branches are powerless to overturn Supreme Court decisions.
Fact: Members of the legislative branch approve all Supreme Court justices in a lengthy nomination process.
When it comes to Federal judges at all levels, the President can merely nominate an individual. That individual has to be approved by a simple majority vote in the Senate after review by the appropriate boards and commissions. Generally, only Supreme Court Justices are carefully scrutinized. The legislative branch can literally reject ANY federal judge proposed by the President. And by the way, they have, in record numbers.
Myth 2: Supreme Court Justices are sometimes guilty of judicial activism and refuse to interpret the Constitution as written. This leads to progressive, liberal decisions like Roe v Wade.
Fact 2: Judicial activism has done nothing for this country except uphold the civil rights act, overturn separate-but-equal laws and establish anti-trust laws. Judicial activism is a cue-card scare word that ugly whelps like Gingrich throw around to make southerners imagine mandatory abortions and legalized bestiality.
I was going to keep going, but the farther you get into Gingrich’s mind of the law and judges, the less connected you feel with reality. This is a man who’s policy is so reminiscent of McCarthy I hesitated to even use the metaphor until now, because it seemed so obvious.
Sure, the executive and legislative branches should exercise their power to keep judges from running wild, but what exactly is Gingrich and his Band of Merry Malcontents imagining constitutes a nightmare scenario? Oh, I can see it now: black robed Judge Dredd-types, administering gay-marriages on street corners, confiscating hunting rifles and executing old ladies saying Grace at public restaurants. Yes, liberal activist judges will be the death of us — unless we empower the Attorney General to drag them in for questioning pending charges if they make “controversial” decisions.
Mr. Gingrich. Ahem, Sir Toad. Most of the greatest decisions in the history of law were “controversial.” And I’m going to trust, you know judges, to judge the law. I’ll trust Sir Grinch (or whatever) to ruin the law.