Our country's obsession with one Supreme Court appointment hasn't come as a surprise to anyone. But we should also ask the question, "Is it supposed to be this way?"
The answer is a resounding, "No."
As Kim Holmes over at the Daily Signal points out, the Supreme Court decides on a multitude of issues better left to Congress, the people, and the states.
The confirmation process for Supreme Court nominee Brett Kavanaugh has been a battle royale.
But why should one government official’s position be so existentially important? Yes, control of the Supreme Court hangs in the balance, but that raises the question as to why the court itself is so powerful.
Could it be that the answer to that question tells us something about our increasing inability to govern ourselves as a free people?
Let’s face it. Ever since at least the 1960s (and frankly even before), we have increasingly allowed the Supreme Court to decide controversial issues we have been unwilling to solve legislatively.
From civil rights to abortion to the issue of gay marriage, the high court has ruled on key issues well outside the legislative process. New constitutional rights were created out of whole cloth.
If abortion couldn’t be legalized at the ballot box, or if gay marriage could not be made lawful by Congress or the states, a majority of the Supreme Court—a mere five people—would step in and do it for us. Using the power of judicial review, a new policy would be imposed simply by redefining it as a constitutional right.
The practice of judicial fiat is so commonplace we seldom realize how radical it is. We are, quite simply, losing our sovereign power to govern ourselves. We have allowed the courts in general but the Supreme Court in particular to become too powerful.
Kavanaugh's appointment matters because he will have the power to determine national policy for generations to come.
But that power should only reside in Congress (the representatives of the people), the states, and American citizens.
That's what the Convention of States Project is all about. We're seeking to call an Article V Amendments Convention that can propose constitutional amendments that restore the balance of power between all three branches of our federal government and between the feds and the states.
These amendments can place real, effective limits on judicial power and allow We the People to truly govern ourselves.
If you want to get involved, sign your name to the petition below!
