.comment-link {margin-left:.6em;}

EricRushDotCom

I write less on www.ericrush.com than I did here, so I'll start paying attention to this again. Working on a new book: It's Too Bad I'll Never Build Another House Because Next Time I'd Know What I Was Doing

My Photo
Name:
Location: Hebo, Oregon, United States

03 October 2005

Supreme Court Qualifications

What a nominee for the Supreme Court thinks of specific issues is not relevant.

What a nominee thinks of abortion, prayer in school, and capital punishment should not be an issue. We are not electing a city councilman or a senator, someone who we would expect to represent our positions on issues.

The only consideration when selecting Justices for the Supreme Court is: How does this nominee view the Constitution and its role in modern American life?

Does the nominee view the Constitution as laws or guidelines? Will the nominee make decisions based on what the Constitution says, or does he/she think that it's permissible to interpret the document the way he/she thinks the authors would have written it today? Does the nominee have the kind of mind that can separate personal beliefs and feelings from a logical interpretation of the Constitution?

We might not like some of the things the Constitution says, but the nation depends on courts that interpret it properly. If some aspect is outdated or, from the modern perspective, unworkable, we have the means to amend it. That it is difficult to amend the Constitution is a necessary protection against the document being changed to reflect the popular whims of the day.