"Shredding" the Constitution vs. Ignoring It

For 8 years, liberals have accused George W. Bush of "shredding the Constitution".  But as Rasmussen Reports notes, Obama supporters don’t even seem to take the Constitution seriously.

OK, civics question:  The job of the Supreme Court is to … what?  What is their primary purpose?  Wikipedia tells us that, while the Court’s purpose was a bit hazy during the early years of our country, it finally congealed.

Initially, during the tenures of Chief Justices Jay, Rutledge, and Ellsworth (1789–1801), the Court lacked a home of its own and any real prestige.

That changed during the Marshall Court (1801–1836), which declared the Court to be the supreme arbiter of the Constitution (see Marbury v. Madison) and made a number of important rulings which gave shape and substance to the constitutional balance of power between the federal government (referred to at the time as the "general" government) and the states. In Martin v. Hunter’s Lessee, the Court ruled that it had the power to correct interpretations of the federal Constitution made by state supreme courts. Both Marbury and Martin confirmed that the Supreme Court was the body entrusted with maintaining the consistent and orderly development of federal law.

The Supreme Court is to rule on the constitutionality of the cases, and the laws involved with them, which are brought before them.  That’s their job.  But then, if you don’t know that, or consider the Constitution to be two-century-old Silly Putty, that may alter your perception.

Which takes us back to Rasmussen, where, for starters, the overall numbers seem passable, but not what I would have hoped.

Most American voters (60%) agrees and says the Supreme Court should make decisions based on what is written in the constitution, while 30% say rulings should be guided on the judge’s sense of fairness and justice.

But take a closer look, and you’ll note that one’s perception of the Constitution alters your vote.

While 82% of voters who support McCain believe the justices should rule on what is in the Constitution, just 29% of Barack Obama’s supporters agree. Just 11% of McCain supporters say judges should rule based on the judge’s sense of fairness, while nearly half (49%) of Obama supporters agree.

The better your grade in social studies, or the better you know how the US government was intended to work, the more you’re likely to vote Republican.  If you think that, in order to change the laws, you just need to change the courts, you’re both badly mistaken from a civics point of view (that’s for the legislature) and likely to misuse the system (e.g. gaining same-sex marriage by judicial fiat rather than legislation). 

And you’re most likely a liberal.

Filed under: Government • Liberal • Politics

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