JEFF JACOBY: The Supreme Court's Judgment Isn't Absolute

Newt Gingrich's presidential ambitions may be heading for the exits -- opinion polls suggest that the former House speaker's hour has come and gone -- but his critique of judicial supremacy deserves to taken seriously no matter what happens in Iowa or New Hampshire.

Contrary to popular belief, their judgments were never meant to be revered "almost as if God has spoken."

In a 54-page position paper, Gingrich challenges the widely held belief that the Supreme Court is the final authority on the meaning of the Constitution. Though nothing in the Constitution says so, there is now an entrenched presumption that once the court has decided a constitutional question, no power on earth short of a constitutional amendment -- or a later reversal by the court itself -- can alter that decision.

Thus, when House Minority Leader Nancy Pelosi was asked for her reaction to the Supreme Court's notorious eminent-domain ruling in Kelo v. New London, she replied as though a new tablet had been handed down from Sinai: "It is a decision of the Supreme Court. If Congress wants to change it, it will require legislation of a level of a constitutional amendment. So this is almost as if God has spoken."

But judges are not divine and their opinions are not holy writ. As every American schoolchild learns, the judiciary is intended to be a co-equal branch of government, not a paramount one. If the Supreme Court wrongly decides a constitutional case, nothing obliges Congress or the president -- or the states or the people, for that matter -- to simply bow and accept it.

Naturally this isn't something the courts have been eager to concede. Judges are no more immune to the lure of power than anybody else, and their assertion of judicial supremacy -- plus what Gingrich calls "the passive acquiescence of the executive and legislative branches" -- has won them an extraordinary degree of clout and authority. That aggrandizement, in turn, they have attempted to cast as historically unassailable. In Cooper v. Aaron, the 1958 Little Rock desegregation case, all nine justices famously declared "that the federal judiciary is supreme in the exposition of the law of the Constitution" -- a principle, they asserted, that has "been respected by this court and the country as a permanent and indispensable feature of our constitutional system."

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Thomas Sowell: The Past and the Present

TOWNHALL.COM

December 20, 2011

If  Newt Gingrich were being nominated for sainthood, many of us would vote very differently from the way we would vote if he were being nominated for a political office.

What the media call Gingrich's "baggage" concerns largely his personal life and the fact that he made a lot of money running a consulting firm after he left Congress. This kind of stuff makes lots of talking points that we will no doubt hear, again and again, over the next weeks and months.

But how much weight should we give to this stuff when we are talking about the future of a nation?

This is not just another election and Barack Obama is not just another president whose policies we may not like. With all of President Obama's broken promises, glib demagoguery and cynical political moves, one promise he has kept all too well. That was his boast on the eve of the 2008 election: "We are going to change the United States of America."



Many Americans are already saying that they can hardly recognize the country they grew up in. We have already started down the path that has led Western European nations to the brink of financial disaster.

Internationally, it is worse. A president who has pulled the rug out from under our allies, whether in Eastern Europe or the Middle East, tried to cozy up to our enemies, and has bowed low from the waist to foreign leaders certainly has not represented either the values or the interests of America. If he continues to do nothing that is likely to stop terrorist-sponsoring Iran from getting nuclear weapons, the consequences can be beyond our worst imagining.

Against this background, how much does Newt Gingrich's personal life matter, whether we accept his claim that he has now matured or his critics' claim that he has not? Nor should we sell the public short by saying that they are going to vote on the basis of tabloid stuff or media talking points, when the fate of this nation hangs in the balance.


Even back in the 19th century, when the scandal came out that Grover Cleveland had fathered a child out of wedlock -- and he publicly admitted it -- the voters nevertheless sent him to the White House, where he became one of the better presidents.

Do we wish we had another Ronald Reagan? We could certainly use one. But we have to play the hand we were dealt. And the Reagan card is not in the deck.




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