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The death of Ruth Bader Ginsburg eight days ago has opened up another power struggle in D.C. Democrats have spent decades perverting the function of the courts from that of constitutional referee into that of constitution interpreter, a role that places the Supreme Court above Congress and the presidency.
The result is rule by nine unelected officials who serve for life. Congress has gleefully passed the difficulty of legislative activity and the push and pull of debate onto the Supreme Court, trusting it to clarify anything Congress may have forgotten to write into law. Presidents have passively executed Supreme Court verdicts, and even signed legislation they believed to be unconstitutional, on the premise that the Supreme Court would make the ultimate decision.
Thus, the Court has emerged as the dominant force in American politics—and morality. Not only does the Court tell us what the Constitution really says—even if the Constitution doesn’t say it at all—it also tells us the moral judgments of the Constitution (thanks to Z Man for that insight). Thus, every cat lady and box wine auntie in America bemoans the death of RBG, their symbolic stand-in, who endorsed free and easy abortions and gay rights.
Now President Trump has the opportunity to shift the balance of the Supreme Court for a generation. But will it be enough to reverse judicial supremacy and restore constitutional order?
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