September 22, 2010

amazin' idiocy...

Dahlia Lithwick:

I have been fascinated by Christine O'Donnell's constitutional worldview since her debate with her opponent Chris Coons last week. O'Donnell explained that "when I go to Washington, D.C., the litmus test by which I cast my vote for every piece of legislation that comes across my desk will be whether or not it is constitutional." How weird is that, I thought. Isn't it a court's job to determine whether or not something is, in fact, constitutional? And isn't that sort of provided for in, well, the Constitution? ...

Actually, the Constitution has always belonged to all of us. The idea that deciding whether something is "constitutional" belongs only to the Supreme Court is a recent innovation. In many ways it is part of the toxic fallout of the civil rights movement. Power-drunk liberals have relentlessly pushed the line that the court is an assembly of demigods, blessed with superior wisdom and the power to legislate beyond the sordid failings of democracy. and have held up decisions like Brown as oracular.

I spit upon the idea with the utmost contempt. There is nothing about this in the Constitution itself or the words of the founders. I fear the other branches have been lazy and cowardly, and allowed their natural powers to be eroded.

Of course even with a more conventional view of Constitutional Law, Lithwick's remark is still silly. It is political amorality, similar to saying that I can steal anything I want, and it's the police's job to stop me...

* Update: John at Power Line, referring to the same quote...

...This is a useful reminder that a dumb conservative is smarter than a smart liberal....
Posted by John Weidner at September 22, 2010 9:31 PM
Weblog by John Weidner