Americans Are Ignoring The Constitution

Americans have grown accustomed to having their political differences settled through the courts rather than by their elected representatives in legislatures.

The business of government was supposed to be done by political bodies such as state legislatures and Congress. Today, few political problems are debated, or legislation passed. It is easier for legislators to do noting but rile up the extremes on both sides of an issue in the media, than do the hard work of finding solutions. Each year, there is a growing reliance on filing legal cases rather than passing legislation.

Republicans and Democrats considering the above have made the confirmation of judges political instead of what was intended by the Framers.

The “advise and consent” role was not meant to oppose the executive’s choices because of a nominee’s judicial philosophy or because the president is of a different political party. Senators were to be a check on whether the nominee was qualified. Whether the president’s choice in a judicial nominee be conservative, liberal, originalist or pragmatist, it should not be considered when a senator decides on a candidate’s qualifications.

At the same time, a nominee has an obligation to answer questions about what they have written. This includes explaining their past legal decisions and other judicial articles or books. How is a determination going to be made as to qualifications if a nominee hides behind a cloak of impartiality? They can be forthcoming without…