February 19, 2016

Divided Government, Partisanship and Glidlock, But Otherwise "We're Number One!"

As amazing as it may sound to those who follow politics, many people in our country don't really understand the role the US Supreme Court plays. They see the fight between president Obama and Congress about nominating a new justice as another political game. Many of my students when asked how does the high court affect their lives couldn't come up with specific cases that determined the conditions and direction of our country. A few mentioned the Roe v. Wade case and then a couple others remembered the decisions about "Obama care" and same-sex marriage.

It's the same view the general public has that things will work out, more or less regardless who's on the Supreme Court, and to similar extend in Congress. Oh, yeah, there's partisanship and some hot-button issues, but most of us have picked a team (like in sports), and we hope for the best while we expect to be disappointed by the way our political system works.

I hope this issue of getting the 9th justice on the supreme court is an educational opportunity in many ways. For starters, it highlights the principle of division of power, checks and balances. Or, how the US model separates the executive (president) from the legislature (Congress) in contrast to most western countries where the executive (usually a prime minister) control the majority of seats in the legislature (parliament). 

On this topic, I wish the media asked the presidential candidates the following question, "How do you expect to do all the things you say you will do when we have a divided government, and in all probability--judging from the last many years--Congress will not go along with your plans?"   

As for the supreme court, the president gets to nominate, and eventually gets someone he chose confirmed. The Senate cannot reject or delay forever. I can see why the Democrats might have opposed a G W Bush nomination in 2008 a few months before the election, but conservative presidents choose conservative judges, like liberals choose their kind. The times of "mainstream" or truly independent candidates for the supreme court are over. The two parties are far apart, primarily because the Republican party has left the mainstream.

Also, an appointment to the high court with its eventual effect on our society is part of a president's legacy. The stakes are high, especially in a politically, and I dare say culturally, divided country. That's why presidents now look to nominate someone in their late 40s or early 50s so they can stay on the court for 30 years!  Funny, thing, I asked my students if they could imagine themselves age 50 and they almost fell off their seats. They got the point though that the next ..supreme will be on the high court making decisions affecting their lives until they reach age 50!

Heck, that's a good enough reason to register and vote!


February 14, 2016

The Year of the Monkey Ushers Fun and Games. But Who's Going to be Laughing by Year's End?

This is shaping to be a nice new year, and once again we're called to make a decision about the direction of our country. There are vast differences between the two parties' candidates, and let's not forget that elections have consequences! The Supreme Court is always at play during a presidential election.

There have been great debates about the direction of the country already, but new ideas come primarily from the left as the right wants to bring back what it has been tried before, often with dire outcomes. Yes, "the system" has a momentum that can't be easily changed given present political realities, unless, as Bernie Sanders says, public opinion and voting changes to reflect the need for change--change that will restore most benefits to the middle class.

The presidential term lasts 8 years, and Obama has over 300 days left in office. God just gave us a gift by recalling Scalia from the US Supreme Court. How can you argue with God, right? Scripture, as per St. Paul, says the people should obey those in power, because, after all, there's a divine plan in place. Therefore, Obama should nominate a replacement asap, and the president should be the communicator-in chief in order to get the new SCOTUS justice confirmed by the Senate.

Despite the nice statements about the departed justice, Scalia was a divisive figure and a conservative champion who believed in a romantic but unrealistic view of the US constitution. The conservatives have been attacking the liberal justices as "activists" who find rights in the constitution and overturn the "will of the people" and legislatures. Of course, the 2000 SCOTUS decision to essentially give G.W. Bush the presidency was an act of judicial activism by the conservatives.  

Marco Rubio put it bluntly yesterday, that the US constitution is not "a living, breathing" document but must be interpreted "as the founders intended."  This is a conservative but misguided view. The constitution was meant for a living and breathing country, not a dead one of the 18th century! A time when owning arms meant a musket and a knife!  Indeed, we tweaked it 27 times already. And, many necessary changes that promoted rights, freedom, and the quality of life came via the judiciary branch, especially when states--often representing local majorities--remained stuck in the 18th century.

There are many cases of importance the high court has to decide before it goes into recess in June, cases such for voting rights, Obamacare, union organizing, immigration, etc.  So, let the gladiatorial games begin...  Happy Chinese new year by the way.