Whose Opinion of the Courts Matters to the GOP?

[BettorsChat]

By Paul | December 16, 2011 - 5:18pm
During last night's GOP presidential debate, Newt Gingrich perhaps unintentionally but perfectly encapsulated his party's distorted vision of the role of the judiciary in our constitutional structure. It came when Fox News moderator Megyn Kelly asked the candidates whether Congress should eliminate courts that issue decisions it does not approve or. As reported in the Wall Street Journal , a key part of the exchange went as follows:

GINGRICH: Sure. I'd ask, first of all, have they studied Jefferson, who in 1802 abolished 18 out of 35 federal judges? Eighteen out of 35 were abolished.

KELLY: Something that was highly criticized.

GINGRICH: Not by anybody in power in 1802. [emphasis added]

Putting aside the question of historical accuracy, note that Gingrich did not say "not by anyone in 1802." He was careful to limit the people whose criticism he deemed relevant to those who were in power in 1802.

One reason we have courts is to prevent those in power from using their official authority to harm those out of power – the tyranny of the majority. If the majority uses their control of government to pass laws harmful to minorities, you don't expect them to criticize their own actions. The criticism would come from those out of power who are their victims – the same people who courts are intended to protect.

That no other candidate found Gingrich's limited framing objectionable says volumes about their dangerously distorted vision of the role of courts in our society.

Whose Opinion of the Courts Matters to the GOP? | People For the American Way Blog

Just what we need no Courts lmao. Supreme Court is bought and paid for now so let's do the same to regular Courts, but just do away with them.

[BettorsChat]

Now let’s hear Ron Paul’s bit.

Kelly: Congressman Paul let me ask you, do you believe in — in what the two candidates have said? That it would potentially be OK to abolish courts like the Ninth Circuit Court of Appeals entirely, or judges, impeach them if Congress and the president don’t decide — decide they don’t like their rulings?

Paul: Well the Congress can get rid of these courts. If — if a judge misbehaves and is unethical and gets into trouble, the proper procedure is impeachment. But to subpoena judges before the Congress, I’d really question that. And if you get too careless about abolishing courts, that could open up a can of worms. Because it — you — there — there could be retaliation. So it should be a more serious — yes we get very frustrated with this. But the whole thing is, if you just say, well we’re going to — OK there are 10 courts, lets get rid of three this year because they ruled a — a way we didn’t like.

That — that to me is, I think opening up a can of worms for us and it would lead to trouble. But I really, really question this idea that the — the Congress could subpoena judges and bring them before us. That’s a real affront to the separation of the powers.

Only one with damn brain!