Reeling in horror over President Trump’s nomination of Brett Kavanaugh (or whomever Trump may have picked) to replace retiring Justice Anthony Kennedy on the Supreme Court, there are now a slew of progressive liberals calling for implementation of one of the most undemocratic ideas in the history of the Democratic Party: FDR’s “court-packing” scheme. Roosevelt responded to the Court striking down some parts of the New Deal by proposing Congress pass a law to allow him to add a new justice to the Court for every current justice over seventy years of age.
The bill was ultimately struck down by the Democrat-controlled Senate in 1937, but only after both the Social Security Act and National Relations Labor Act were ruled constitutional by the Court earlier that year. Opponents of the New Deal specifically or expansion of federal power through SCOTUS in general view these decisions as somewhat coerced by the threat of Roosevelt’s court-packing proposal.
Whether that’s true or not really misses the point. Seeking to achieve political goals through Supreme Court rulings rather than the constitutional amendment process—when those goals involve the federal government undertaking new powers—amounts to acquiring power without the consent of the governed. It’s ironic that it is again supporters of the “Democratic” Party who are advocating avoiding a vote on their proposals.
Read the rest at Foundation for Economic Education…
Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.
As Americans celebrated the 242nd anniversary of their secession from Great Britain, references to the Declaration of Independence ratified on July 4, 1776 were many. But while the left reminded us “all men are created equal” and the right reminded us that all inalienable rights come from our Creator, far too little attention was paid to another phrase in Jefferson’s famous preamble: “deriving their just powers from the consent of the governed.” Judging from the way most Americans talk, almost no one remembers how that consent is supposedly obtained.
TAMPA, March 26, 2013 – No satire could approach reality when it comes to the federal government. While its two “polar opposite” political parties continue their standoff over whether the federal budget should increase $2.5 trillion or $2.4 trillion over the next ten years, its supposedly apolitical arm will begin deliberating over who is allowed to get married.
TAMPA, June 1, 2012 – Everyone has their version of the founding fathers and the U.S. Constitution. The most common is that the British colonies rebelled against their king because of “taxation without representation” and formed an independent republic. Their first try at a government didn’t work, so the best and the brightest among them met in Philadelphia and devised a new one. United in their desire to “form a more perfect union,” the delegates placed their trust in the “father of the Constitution,” James Madison, who masterfully wove “checks and balances” into a document that codified the limited government principles he would fight for the rest of his life.
For at least a month, the media have been ignoring compelling evidence that Ron Paul is doing much better in the Republican nomination race than he did in the primary/caucus popular votes. In their hurry to write the general election narrative, the media have forgotten to perform their primary function: to report the facts. The facts are that Ron Paul has won at least two states and will likely win more.
TAMPA, April 4, 2011 – Despite the drama created by the two days of oral arguments on Obamacare, I’m sticking to my original prediction that the controversial law will be upheld by the Supreme Court.