Goodwin Liu, a federal appeals court nominee of the Obama Administration, has been in the Senate’s spotlight, and the ensuing Senatorial rants by members of the Republican Party have underlined one of the ultimate hypocrisies in modern politics: while preaching from the pulpit of anti-intellectualism, they claim to support Constitutionalist courts, as do most modern Republicans. This, however, is a laughable lie.
An important point to understand is this bias of anti-intellectualism, which, for some reason, assumes that smart, educated, intellectually curious individuals are somehow an anathema to the world. While there may be arguments that certain types or subdivisions of intellectuals are not fit for politics, such as lifelong academics or researchers of an esoteric field, this is obviously not an across-the-board truth. Intelligent people should be revered for either their innate brilliance or the intense dedication to the discovery of information, not to mention their areas of expertise, as they have been throughout humanity’s history – there would be no modern world without any of the most archaic of thinkers and intelligista, even were they considered to be elite. This is the sad truth of the generations currently in power that have devalued education and failed, massively, to do their basic duty of preparing the world for those following after them.
Anti-intellectualism, however, is but a prelude to the larger Republican lie: Constitutionalist courts. The basic premise of Constitutionalist courts is that the singular role of the courts in America, at any level, is to enforce a strict interpretation of both the Constitution and the Bill of Rights in their original incarnations, entirely ignorant of recent events, rulings, people, technology, or anything else that should be so obviously relevant. Their core intention is, perhaps, admirable, since the courts do not, or should not, make law, and should only be interpreting it within the realms of other laws, with an eye on precedent – but their fundamentalist viewpoint of this issue leads them astray.
When a document is to be strictly interpreted, as if it was supremely perfect at the time of its creation, there is an immediate and obvious disconnect between its intent, imperfection, and age and the modern era, but, more importantly, it often leads to fights over sociopolitical progress, since those who wrote documents such as the Constitution simply could not foresee the very different future that was approaching – slavery, women’s rights, and certain types of federal regulation have all fallen prey to this blinder-based viewpoint. No matter the issue at hand, Constitutionalist courts are simply a nonviable approach, and yet Republicans nationwide insist that they not only support this type of a judiciary, but also participate in furthering such an agenda. The irony, however, is that these very same individuals applaud the overturning of precedent, and, ultimately, conservative activism while preaching about those “outrageous” liberals.
The most damning evidence on this count is the recent Supreme Court case that chose not to address the issue at hand, but instead a much larger and more entangled issue that was only tangentially related, resulting in the overturning of hundreds of years of legal precedent for campaign finance law – the impending inevitability of catastrophic corporate-politics yet to be truly seen. Almost all Congressional Republicans applauded this decision, with some were even in attendance, claiming that this was a strike against the federal government and their supposed overbearing powers. What happened to Constitutionalism, since there is no mention of corporations as a part of Free Speech, the very excuse used for this ruling? The Supreme Court ruled on a very obvious Republican-Democrat dividing line, leaving many to ask whether openly biased conservatives such as Scalia or Roberts are capable of separating personal politics from the rule of law – one of the basic requirements to be a non-activist judge.
With the never-ending conservative dissent on abortion rights, federal regulation, the new healthcare laws, religion-tainted public education, and various other issues, it seems likely that another mammoth case will reach the Supreme Court within the near future that will, once again, prove that Republicans are far more activist than Democrats. Even if the evidence shows that Democrats are typically more judicially activist than their Republican counterparts, then there is an important distinction: Democratic judges, much like their legislative counterparts, often stand for progress and the rule of law, whereas Republicans have been in favor, as have conservatives have since prior to the foundation of the nation, of the status quo, the subjugation of people unlike them, and a very obvious, questionably seditious anti-federal government bias. Worryingly, the Supreme Court is about to become even more conservative, following the most conservative Court since FDR, with the loss of the accidentally-liberal powerhouse found in John Paul Stevens.
It is incumbent upon the Republican members of Congress who do not share this ludicrous view to make clear the hypocrisy of their colleagues, along with Democrats, pundits, and mainstream media who truly care about the future of the United States of America. If the Senate, and personal politics, continues to influence the courts in a clear slide downward to the right, the very freedoms and stability of America may come into question, as each piece of federal legislation is judged inside a conservative court that is most definitively non-Constitutionalist. Judicial Republicans, meet your old friend hypocrisy.
From Kyle Brady…
Kyle can be found on his blog, on Facebook, via email, or on Twitter.