Fixing Our Seedy Judiciary

The battle to replace Justice Antonin Scalia reminds us of the extent of the damage in our third branch of government after so many years of abuse by liberal ideologues. It is uncontroverted that liberal elites have dominated law schools and the legal profession as a whole for decades.

We are reaping what they have sown, and it is not good.

When the Constitution is seen not as a document to be respected and followed but as a “living, breathing” document to be molded and manipulated to fit the latest cultural craze and personal policy, the door is opened for the kinds of abuses that are making a mess, not just of the confirmation process, but of the entire judicial system.

The hearse carrying Scalia's casket arrives at the Supreme Court Friday morning. (AP/Alex Brandon)

Even when our justice system works the best way it can, within the parameters we have allowed, the results are damaging to our country overall.

Consider two of last week’s headlines. First, the Susan B. Anthony List (SBA) has finally ended their five-year battle to protect their free speech. SBA tried to erect billboards to expose Rep. Steve Driehous’ (D-Ohio) support for taxpayer-funded abortion through his support of Obamacare but was prevented from doing so when Driehous complained under an Ohio “false statement” law. The law has now been found to be unconstitutional.

But SBA had to go all the way to the Supreme Court (where they won in 2014) and back to the Sixth Circuit to get this judgement five years later, after thousands -- if not millions -- of dollars invested in their defense.

The case is a great victory protecting free speech, no doubt. Yet, I hope we can all see that the process itself is incredibly chilling to the freedom of speech. The case should have been thrown out as soon as it was filed.

The second headline was that the bogus charges against former Texas Gov. Rick Perry were finally dropped. Who didn’t see that coming?

But again, the damage these charges did to the political aspirations of Gov. Perry should not be overlooked. Gov. Perry said at a press conference, “The court’s decision today proves that this indictment was nothing less than a baseless political attack, and an assault on constitutional powers.”

Perry admitted that the indictment “had a negative effect” on his presidential aspirations.

Well, of course, it did.

Here's one more example for you (just because it gives me an excuse to show this video clip of Dinesh D’Souza’s recent debate with Bill Ayers at the University of Michigan to those of you who haven’t seen it). The question they are asked in the clip is, “Given your own personal experiences, do either of you feel our criminal justice system has become too political?”

Bill Ayers predictably goes on to rail against the police, but D’Souza humorously points out the irony of it all. Watch:

“The inequity of our justice system is on display right on this podium right here.” D’Souza said. “So I gave $20,000 of my own money, over the campaign finance limit, I got eight months in overnight confinement … You bomb the Pentagon and tried to bomb all kinds of other things … How much time did you do in the slammer?”

Our judicial system is decrepit and everything trickles down for that hideous liberal ideology that encourages, not respect for the law, but the manipulation of the law and the Constitution to help advance a liberal worldview for “the greater good.”

As always, the ends justify the means. And “the means” in this area is the destruction of the U.S. Constitution and, with it, our form of government.

If we want to bring justice and stability back to our judicial system, we must start at the top by putting to death that repugnant “living” constitution. We must heed Justice Scalia’s advice and return judges to their proper role of interpreting law, rather than writing it.

We must return to that great vision of Alexander Hamilton who argued in Federalist 78 that “the judiciary is beyond comparison the weakest of the three departments of power.” He must be turning in his grave.

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