aTypical Joe: a gay New Yorker living in the rural South

Saturday, March 26, 2005

Slash & burn

My friend Basil’s comments from the other day seem to compare conservative reaction to the Schiavo case to liberal reaction to Gore’s loss in the 2000 election. I wonder, can anyone find an example of a Democrat saying anything near this from Iowa Republican Congressman Steve King on All Things Considered tonight?

What we have today is a judicial branch that is totally out of control...I am for Congress to exert its rightful constitutional authority over courts… the Constitution establishes only one court and that’s the Supreme Court. All other courts, and they’re called “Inferior Courts” in the Constitution, being federal courts are all creatures of Congress...so whatever Congress gives it can take away. If we wanted to abolish the 9th Circuit for example we could do that. Now I’m not going to say I think that’s a prudent thing to do. We could also cut the budget; we could prohibit the Justice Department from enforcing the orders of the courts. There are many, many tools that we have.

Indeed. They also talk about “court stripping,” removing the court’s jurisdiction to hear certain issues (for example, gay marriage). Listen for yourself.

I pay taxes for a war I don’t believe in, for schools I have no children in. No, I didn’t like the outcome in the 2000 election but yes, I accepted it. Without argument. Gore made a widely admired concession speech that showed respect for the court and support for President Bush.

Since Marbury v Madison we have had and believed in judicial review. We have a separation of powers in our constitutional democracy.  Democrats respect that. Show me statements where they don’t. The conservative right clearly does not. This is dangerous and destructive.