Sunday, April 17, 2005

Weblog Commenting and Trackback by

"The Constitution in Exile"

From the NY Times Magazine, it sounds like what liberals think we are going through today, but it isn't. It is a Constitutional school of thought that makes originalism appear liberal. Basically, this school of thought wants to return the Constitution to the Gilded Age, prior to the New Deal decisions of the court that allowed for federal regulation of child labor, minimum wages, Social Security, ect. Mr. Justice Clarence Thomas gleans from this school of thought, which was one of the problems with his nomination. Yes, the Senate did have more problems with him than Anita Hill, it is just that it is easier for the press to remember the pubic hair on a coke than that the ABA gave him a poor rating, and he had published his agreement with these extreme views. Why is this important now, well even with Mr. Justice Thomas on the Court there really hasn't been the Judicial revolution that the "Constitution in Exile" school had hoped for, but many of W's nominations to the federal bench and his renominations do come from this school of thought. So while the religious extremists are getting our attention with their bells, whistles, fire and brimstone Bush and Co. may very well be attempting to pack the federal bench with Judges just as dangerous as the anti-choice extremists and we aren't paying attention.