September 7, 2005

The Supremes

photo: Jonathan Ernst - Reuters Many people think that whatever happens with the U.S. Supreme Court is an internal issue of the U.S. and bears no relevance whatsoever with what happens, or will happen, here in Europe. My opinion is that, although the Supreme Court is indeed an American institution, its influence on judicial matters, and politics in general, is too large to be ignored. I am a firm supporter of the Bill of Rights, as formulated in the American Constitution, and I believe that Europe would be a much better place if we tried to protected the Individual as the Constitution of the U.S. sets out to do; we might indeed someday become a … “more perfect union”.
Last Saturday Chief Justice William Hubbs Rehnquist died at the age of 80. Under his leadership, the court turned to federalism, limited government, economic liberties and individual freedom. President Bush nominated Judge John G. Roberts as the 17th chief justice of the U.S. supreme court – he was previously nominated for the position of Justice Sandra Day O’Connor’s that retired 48 days ago. Although it is still too early to tell, Judge John G. Roberts seems to be a wise choice.
Read the following articles if you are interested in understanding the importance of - and the politics behind - the Supreme Court, and of Judge John G. Robert’s appointment.

William H. Rehnquist, Chief Justice of Supreme Court, Is Dead at 80, by Linda Greenhouse (September 4, 2005) - Notice also the interactive feature (multimedia presentation): The Legacy of Supreme Court Justice William Rehnquist

Chief Justice William H. Rehnquist Dies, by Charles Lane (Sunday, September 4, 2005; Page A01)
A conservative stalwart appointed as associate Justice by President Richard M. Nixon in 1972, Rehnquist was elevated to chief justice in 1986 by President Ronald Reagan. His 33-year tenure on the court was one of the longest and most influential in the institution’s history, as he spearheaded a rightward move at the court — first as a lone dissenter, then later as the leader of a five-justice conservative majority.

CATO Institute: They’re Back: The Rehnquist Court is returning to constitutional principles that the New Deal Court had simply pushed aside, by Roger Pilon

CATO Institute: William Rehnquist, by Randy Barnett
As the president now decides who next to nominate, he would uphold the Constitution by selecting a person with a firm and demonstrated commitment to the Rehnquist Court’s New Federalism legacy. Only such a choice would continue the movement to restore the “first principles” of constitutionally limited government that William Rehnquist affirmed so eloquently.

CATO Institute: (Policy Analysis) Equal Protection for Economic Liberty: Is the Court Ready?, by David Bernstein
Judges do not need to be judicial activists or followers of libertarian legal theory to protect economic liberties. All they need is a proper respect for the Constitution itself. One can only hope that present and future members of the Supreme Court will develop that respect and that economic liberty will once again take its place among the constitutionally guaranteed liberties of every American.

Bush Nominates Roberts as Chief Justice - President Seeks Quick Approval With Another Seat Left to Fill, by Peter Baker (Tuesday, September 6, 2005; Page A01)

Who is John G. Roberts? Read the special report at washingtonpost.com: John G. Roberts Dossier

CATO Institute: The Coming Battle for the Court, by James Swanson
Although it is impossible to know if or when a vacancy will occur, one thing is easy to predict: how Democrats will respond to President Bush’s first nomination of a Supreme Court justice. Senate Democrats, in combination with a cabal of special interest groups, intend to politicize the Supreme Court and oppose any Bush nominee, regardless of who the nominee is. History, both recent and reaching back to the Reagan and Bush 41 presidencies, offers little encouragement that the Senate will conduct itself professionally and responsibly.

Selecting Supreme Court Justices: A Dialogue (FOCUS on Law Studies, Spring 2005, Volume XX, Number 2) - Published by the division for public education of the American Bar Association (filetype: pdf)

buzz it!


2 Comments so far ...

1. Margarita

The American Constitution came in a great moment of/for the American History. After the triumph against the British empire.

If something like that comes for Europe, the construction of a constitution, I hope it doesn’t hapen in this miserable time we all are passing thru in the continent at the moment. Because then, the constitution will carry the whole misery of our time…

Comment on October 26, 2005 02:20 pm

You are unfortunately very right.

Comment on October 26, 2005 06:55 pm
(required)
(will not be published) (required)
(opitional)

Currently

Currently reading...