Monday, May 12, 2008

MCCAIN'S JUDICIAL CONFUSION

POSTED RESPONSE TO A COLUMN BY DYLAN LOEWE IN THE GUARDIAN

I wish it were so.

First, I wonder how the U.S. Supreme Court could be more conservative than it is? Would they appoint only people with fur on their knuckles?

The concept of "strict construction" seems pretty close to entrenched in America, even though it is the legal equivalent of judges counting angels on the head of a pin.

The Constitution itself is outdated and anti-democratic in many of its provisions, yet it is regarded as though it were Holy Scripture in the American Civic Religion. Judges counting angels seems almost suitable.

In general, this is a technical issue not appreciated by large parts of the population. It certainly isn't a "barn burner" for the broad public, although of course it is very important.