Saturday, November 13, 2004 7:31 PM

Checks and balances
Here's one of the things that really worries me. The whole point of having three branches of government was so that no one entity would have two much power. But what happens when the same entity gains control of multiple branches? The neocons who have hijacked the GOP (there is nothing conservative about them) are so ruthless and well coordinated that they are very close to having enough control to take over the entire country.
So far they have the executive branch and a growing hold on the legislative. Now that Dubya has a "mandate," they're going after the judicial branch. Using their well honed tactics of playing on America's fear and throwing out buzzwords like "activist judges" and "radical," the assault has begun. (By the way, the term "activist judge" refers to any judge who comes to the rational conclusion that many of the administration's policies infringe on every sort of Constitutional right to liberty.)
On Friday, soon-to-be-former Attorney General John Ashcroft attacked the "activist judges" for getting in the way of Bush's War on Terror. Ashcroft was referring to court decisions involving the rights of "enemy combants," and probably gay marriage-related decisions, too, like the Massachusetts Supreme Court.
I was honestly stunned at the things he said in his speech. Here are a couple of superb excerpts:
"The danger I see here is that intrusive judicial oversight and second-guessing of presidential determinations in these critical areas can put at risk the very security of our nation in a time of war."
"Courts are not equipped to execute the law. They are not accountable to the people."
Wow. Right off the bat, "oversight and second-guessing" is the whole point of the checks and balances system. And the judicial has always been the most thoughtful and rational branch. And because of that, it has always been the most trustworthy in the task of protecting the Constitution and the rights it affords every individual, not every citizen, in this country. So I think second-guessing by the judicial branch should not be taken lightly or attacked by fearmongers.
And then there's the second quote. Uh, that's what courts do. Execute the law. I suppose more specifically, they interpret it. But their interpretations are supposed to be executed by every law enforcement agency in the country, up to and including the Department of Justice. Ashcroft should be America's top enforcer of judicial decisions and civil rights. Instead, he politicizes and denounces them and cries "Terror!"
Further evidence of the assault on the judicial came a day earlier from Senate Majority Leader Bill Frist. He even used the same talking-points word Ashcroft used. He said Democratic Senate filibustering of judicial nominees (what is a filibuster?) must stop or he'll try to change the Senate rules. He called the filibustering "radical" and said, "It is dangerous and it must be overcome. The Senate must be allowed to confirm judges who fairly, justly, and independently interpret the law."
Yes, that would be a good thing. But that's why they filibuster. How can we trust the judiciary to "independently interpret the law" when Supreme Court justices and vice presidents go hunting together right before the former decides on a case involving the latter? Call me cynical, but...
The way I see it (and I don't think I'm alone), if we're just holding on to the last position of power we have, we'll be damned before we let go. Bush might get to nominate three Supreme Court justices. ACLU members everywhere shudder when they hear that. We'll do everything we can to prevent the judicial branch from falling into the neocons' hands. Once they have control of all three branches, what's to stop them from burning the Constitution to dust?










