A Supreme Strategy for Protecting America

One of the most vital elements of America’s democracy emerges from the interaction and interplay of two fundamental principles crafted into our Constitution: “Separation of Powers” and “Checks and Balances”. Under these principles, the Founding Fathers promoted a contention and struggle for power and control between and among the various branches of government. Under this system, the branches have chiseled and sculpted their powers in accordance with the strictures of the Constitution itself and in response to the evolving needs and challenges of the changing nation and its changing needs.

Politics has always been a factor in each branch, but in many ways the Supreme Court was established on a foundation that implicitly strove to limit and even deter the other branches from being able to force political agendas onto and into the court. By granting appointed justices with tenure for life, the justices are not vulnerable to the urges of the day or to the powers who appointed them for preserving their position and status. They can adhere to their principles and understanding of the Constitution and the laws of the land without fear that an unfavorable view of their decision is not a political or career death sentence.

Unfortunately, politics is an ever prowling predator seeking to render its prey no matter how well defended. With each appointment of a new justice, the beast politic roams ever closer to the process; and perhaps has downed a victim or two that could not evade the pride’s attacks. It is not surprising then that natural selection has evolved the candidate pool to possess those traits that help promote their survival of the back-ground checks and the ‘advise and consent’ gladiatorial trial by fire. The breed now knows not to have an opinion on various topics, and to not talk about abstract issues but to insist that the merits of the particular case and the applicable Constitutional articles that apply.

But if the beast is allowed to win, then two of the founding principles are compromised and the protection of our democracy is weakened. So how do we survive the intrusion of politics into the Supreme Court? The justices themselves must defend their branch’s integrity and authority. Once appointed each justice needs to accept that the Congressional gauntlet that they passed is meaningless and has no substance or importance to them. Their obligations are to applying their own best understanding of the Constitution and our laws to the issues and cases that they review. The Constitution is not intended to be Democrat or Republican, conservative or liberal, states’ rights or federal powers, nor should it be constrained by some litmus test standard that appeals to some members of Congress and/or the public.

The challenge of preserving the independence of the Court rests with its members placing their duty, their intellect and their passion to serving the nation above a political orientation that is meant to be a competing force that focuses the issues of the day driving the legislative and executive branches efforts to meet public needs. A Supreme Court justice should be completely willing to render their decision in accordance with their best understanding of the Constitution and law with full knowledge that it will shock and anger their most ardent supports who expected adherence to some view of their own.