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Tuesday, July 01, 2008
Thomas Sowell :: Townhall.com Columnist
High-Stakes Courts
by Thomas Sowell
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Recent landmark court decisions are reminders that elections are not just about putting candidates in office for a few years.

The judges that elected officials put on the bench can remake the legal landscape, change fundamental social policies and even affect the way wars are fought, long after those who appointed them have served their terms and passed from the scene.

The Supreme Court recently created a new "right" out of thin air for captured enemy soldiers and terrorists-- the right to seek release in the federal courts, something that neither the Constitution nor the Geneva Convention provided.

The High Court has also struck down gun control laws as violations of the Second Amendment. Whatever the legal merits or the policy merits of that decision, it is a major change, created by judges.

The point here is that federal judges, including Supreme Court justices, wield enormous-- and growing-- power. What that means is that when we vote for the candidates who will nominate and confirm judges, we are making decisions not only for ourselves but for generations yet unborn.

Recent momentous decisions of the U.S. Supreme Court have been decided by 5 to 4 votes, including the votes of justices appointed by presidents who are no longer living-- Justice John Paul Stevens, appointed by President Ford, and Justice Anthony Kennedy, appointed by President Reagan.

Whoever is elected to the White House this November is expected to appoint two or three new members of the Supreme Court-- justices who will be making major decisions affecting the future of American society, long after that president is gone.

Your children will be living during the lifetime tenure of those justices, and your grandchildren will be living in a world shaped by the precedents that those justices set.

In a year when dissatisfaction has been expressed by both Democrats and Republicans with the presidential candidates chosen by their own parties, it is worth keeping in mind the high stakes involved in judicial appointments-- and therefore in presidential elections.

This is especially important to be kept in mind by voters who are thinking of venting their frustrations by voting for some third-party candidate that they know has no chance of being elected.

There will be a president chosen this November, and he will appoint Supreme Court justices during his term, regardless of whether you stay home or go to the polls. Continued...

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About The Author
Thomas Sowell is a senior fellow at the Hoover Institute and author of Basic Economics: A Citizen's Guide to the Economy.
 
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Subject: De-Supreme it
The word was never meant to mean anything except that this was the highest COURT. However 90 percent of people in this country and 5 of the justices think it means they are supreme over the other two combined branches of the govt. Within 10 years you will see a court strike down a constitutional amendment, saying that certain things are beyond touch even by that route. Watch. These tyrants must be stopped. It is time to water the tree of liberty.

By the way
McCain had an opportunity in May to announce what judges to nominate to the Supreme Court. He then failed to provide any names. Instead, he just made blank promises about appointing conservative judges. It is clear that he does not intend to nominate anyone who is committed to strict constructionism. Why would he? Such a Justice could overthrow his past and future legislation.
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