Murray Tucker: Supreme Court an overlooked issue
August 22, 2008
As long as the Iraq war lasts, it will be transitory except for its impact for at least a generation on the economy.
As bad as the economy seems today, it has shown historical resiliency.
Of all the issues facing the citizens of the United States, none is more important than the future of the Supreme Court. It is also the most neglected.
John McCain has proved the political nature of the court by patently stating that he will seek to appoint justices with the perspective of John Roberts, Samuel Alito and Anthony Scalia (and by implication, Clarence Thomas).
Barack Obama, formerly an instructor in Constitutional law, has blatantly repudiated the credentials of Thomas.
The Constitution and Bill of Rights have had more than 200 years of interpretation. That last word is strategic. There is no “strict construction” and there was never intended to be.
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If there was to be one view, there would be a supreme potentate and not a court. John McCain wants a singular prevailing view. He says he will appoint justices who have the view of the justices with whom he shares views. He expects that his appointments will result in near unanimity in decisions of the court.
Our country is pluralistic. Out of the many voices, one will predominate. That is healthy, even if it means division. Split decisions reflect the country. Appointments to the Supreme Court are for life. Appointments that will be offered in the near future will affect the future course of the United States more than the transitory election for president.
Be aware of the most important issue in this election year, the future course of the rule of law.