Yoo: How dare the Supreme Court ensure that the political branches don't violate the Constitution.

[kpete]

Supreme Court grabbed more power in recent term

John Yoo

Slowly but surely, the justices have expanded their power to make many of our society's fundamental political and moral decisions. Only the court now decides whether schools or the government can resort to race-based preferences when it admits students or doles out contracts. States and the federal government must live by the court's dictates on the regulation of abortion. Whether religious groups can help educate inner-city children or provide welfare services is up to the justices. Use of the death penalty, indeed whether each individual execution will go forward, is ultimately controlled by our unelected judges.

.....................

Some might prefer that judges still make these decisions because they hear cases in a formal, rational setting and issue long opinions explaining their reasons. Nonetheless, the courts are far from ideal as policymakers: They have great difficulty trading off competing values in these sensitive areas; they are insulated from the political process; and their only access to information comes to them through the narrow lens of a lawsuit.

When the federal judiciary decides national policy on these issues, under the guise of interpreting the Constitution, it prevents the people from making the decisions for themselves.

..............

more at:
http://www.philly.com/inquirer/currents/26482104.html

[DJ13]

1. Where was he with his concern about USSC power

.....when they took it upon themselves to select Bush President in 2000?

[HereSince1628]

2. I'll bet before editing that bolded section read

, under the guise of interpreting the Constitution, it prevents the Unitary Executive from making the decision by Cheney his-self.

[mike_c]

3. yes John, it's far better to have an all powerful executive...

...whose constituency is at least partly secret decide things instead.

[Solly Mack]

4. Did someone say torture-yoo?

[Supersedeas]

5. wow -- that California law school has a real keeper for a Constitutional Law Professor

[warren pease]

6. Why isn't this sadistic prick who dreamed up Bushie's twisted justifications for torture ...

... rotting in a dank, rat infested cell in the bowels of some undisclosed hellhole in Western Europe, after being found guilty by the ICC on multiple counts of war crimes and crimes against humanity?

Instead, he's publishing op/eds in major newspapers -- a privilege not usually accorded to the criminally insane. And I suppose he's still a member of the faculty at Boalt Hall, UC Berkeley's law school.

This country is absolutely fucking nuts and, instead of improving, it just gets crazier by the day. It's getting hard to keep up with sheer volume of generalized lunacy. Fortunately, Fux Nudes sorts it all out for us every evening in a fair and balanced way.


wp