Thursday, October 13, 2005


Harriet Souter

The rolling disaster which is the Miers nomination an insurrection a lot of conservatives are loathe to discuss. But we must. It is a disservice to ourselves and our beliefs to place loyalty over conviction, the desire for peace within our ranks over principled criticism.

I am not going to bother listing the myriad critiques of Miss Miers. Just go to these sites for the latest:

NRO Bench Memos,
NRO Corner,
and the newest stomach churning revelation from Drudge.

The point I would like to make is that those who are opposed to Harriet Miers, and I count myself as one of them, hold these views deeply because she has not demonstrated that she would follow a strict constructionist judicial philosophy when she is on the bench. She is being sold by the administration as a religious conservative who would reach the right conclusions because of her conservatism. But that raises the question of how she would reach those beliefs. She could turn out to be a conservative activist. In that case she would come to conservative conclusions for the wrong reasons.

This is something important for liberals to understand. Strict constructionist interpretation of the constitution holds the law and precedent in high regard because that was the way our founders wanted our courts to behave. Philosopher Kings judging based on personal preference is anathema to our democratic values and the blame for the propagation of this mindset lies squarely at your feet. American society has built in mechanisms for change that are slow but effective. Affecting change in the highest law in the land requires that you convince a large majority of the people to support that change. By forgoing the process of enacting constitutional amendments to make fundamental changes and diminishing states rights in favor of judges who rule by whim you have created a generation of conservatives (many who are former Democrats) who oppose the extreme liberal agenda of the most leftist judges. Not surprisingly, some conservatives are looking to swing the pendulum in the other direction using the same method; you reap what you sow.

So we conservatives are arguing over principle. One side does not want to compromise the principles of our constitutional democracy and the other wants to role back the egregious edicts of our judicial masters on the left expeditiously using the tactics of the left. You can hardly blame them. Although revenge might be sweet I believe principle will reign.


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