Thursday, December 22, 2011

Newt Gingrich assaulting the power of judicial review?

Although the Supreme Court seems often to be a mixed blessing, its power of judicial review is long-established and essential to a free society. Newt Gingrich apparently would rein in the judicial branch and the Supreme Court. This is an extremely bad idea if you value a free society. Don't get me wrong, the Supreme Court has, often damaged freedom, e.g. Dred Scott, Plessy v. Ferguson, U.S. v. Miller, Korematsu v. U.S.. However, even in these cases, it only sanctioned action taken by the other branches or state legislatures) The Court has done more good than we can expect from the other two branches (e.g. Brown v. Bd. of Education, D.C. v. Heller, McDonald v. Chicago, U.S. v. Eichman). In these cases, the Court overruled unconstitutinal policy decisions by non-judicial actors. With all its warts, I trust the Supreme Court over the President and Congress. However, I am always wary of blog material without cites or links. I would appreciate a post if anyone has evidence that this blogger is wrong.

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