Posted by
Edward Rourke on Friday, October 03, 2008 4:00:40 AM
We the people. The first three words in the preamble of the U.S. Constitution. A government of the people, for the people, and by the people. Never before in the history of government had the people been given so much power to govern themselves. It is something that most Americans today are justifiably proud of. Voting for our elected representitives is one of the great privledges of our system. Yet sadly, many Americans are unwittingly willing to give up this most important power to govern themselves through elected representation. This is because we have been conditioned to view the Supreme Court as the final arbitor of every aspect of our lives. This was not always the case. Those elected to the execitive and legislative branches are also sworn to uphold the Constitution. Even if we are to assume that the Supreme Court is the final arbitor on all things constitutional, it doesn't mean that they are always right. As Mark Levin aptly states in his book Men in Black, "they are not Gods". Just because someone dons a black robe it doesn't mean they are infallable. Dred Scott (upholding slavery) and Plessy vs. Ferguson (seperate but equel) are but two of the most infamous examples of this.
One of the reasons who we elect as President is so important is because the persons the President will nominate to the Supreme Court will likely be of the same political stripe. This makes a Supreme Court Justice every bit the political animal that a President, or a Senator, or a Congressman is. However it is the unelected Supreme Court alone, with their lifetime terms, who have the final say over our legislative process. This means that everytime the Supreme Court strikes down a a law that was passed by the peoples elected representitives by definition the will of the people has been thwarted. This is not to say that there are not times when the will of the people (or at least some of the people) is unconstitutional, as was the case with slavery. However the Supreme Court should always act with great restaint. Whenever a law is stuck down the people should sit up and take notice whether or not it is the Supreme court which is overstepping it's constitutional authority.
I believe that if we truly are a government of the people, for the people, and by the people, then it is the people who should be the final arbitor of what is or is not constitutional. Remember, as I've previously stated, the legislature is already sworn to uphold the constitution. Look at it this way. If a President vetos a bill on constitutional grounds his veto can be overridden by a 2/3 vote in each house of the legislature. However if the President signs that same bill into law and that law is struck down by the Supreme Court there is no recourse for the people. I realize that the founders of the constitution thought it was important to have a completely independent judicary. However I don't believe that they ever intended for the Supreme Court to have the unfathemable power over our government it enjoys today.
I believe it is time to consider a constitutional amendment to check the power of th Supreme Court. I propose that this amendment would allow the Legislature to revisit any legislation deemed unconstitutional by the Supreme Court. If 2/3 of both houses of the Legislature vote in favor of the bill within 30 days of the ruling then the ruling shall be overridden. This amendment would have no effect on the vast majority of Supreme Court rulings. However should the Supreme Court err in a most egregious way the people would at least have some recourse.