Scalia On Judges Judging Morals

[lehighguy]

Being able to change the meaning of the constitution is immense power. Your basically giving these judges to power to rule on issues and they can only be overuled by the amendment process, which requires a super majority. So essentially, on any issue where the country is divided the court can rule as it pleases with almost no risk of being overturned. It would be akin to giving George Bush a life tenure and the ability to write law as he pleased, only to be overuled by a supermajority.

Such power can't just be thrown around as judges please. Champoning thier particular moral and political believes means that the supreme court becomes a political rather then a judicial office. They make law rather then interpret it. The problems arising from a lack of independent courts should be self evident.

In order to prevent this justices need a simple, clear, and well understood method by which they interpret law. Rather then focusing on the specific political outcome, citizens will view the process as fair and understandable. They will understand and respect the method by which justices reach thier decisions even if they disagree with the political implications.