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Jewish World Review Feb. 27, 2004 / 5Adar, 5764

Laura Ingraham

Laura Ingraham
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Order in the Court!


http://www.NewsAndOpinion.com | Gasps are coming from the Left-and even from the Libertarian Right-about the President's decision (finally!) to confront our increasingly activist judiciary. This is an attempt to create a "wedge issue" echoed the lemmings in the media. This is another Bush attempt to "divide" the country!

Yet any gasps should be directed at the bench, where for decades Americans have seen their views and their traditions systematically trashed. Whether it's the issue of marriage, prayer at football games, or God in the Pledge of Allegiance, we've seen courts from coast to coast venture far beyond proper role in a naked attempt to create a new, forward-thinking social, political, and cultural framework.

From time to time in our history, Presidents have had to challenge the Supreme Court. Lincoln openly disagreed with the Court's Dred Scott Decision. FDR threatened to pack the Court because of its New Deal decisions. These presidents played a vital role in preventing the Court from thwarting the legitimate wishes of the American people.

For over 30 years, conservatives have been complaining about the courts, but the truth is, we've never really done that much about it. Republican presidents have put people like David Souter and John Paul Stevens on the Supreme Court, and things have just gotten worse. President Reagan heralded the nomination of Sandra Day O'Connor-a sharp, delightful person-yet she has consistently pushed the Court into dangerous territory. And let's not forget Anthony "You Have a Constitutional Right to Sodomy" Kennedy, another Reagan appointee.

President Bush and his supporters have to make clear that the fight over the gay marriage amendment is not a fight about gays, not a fight about marriage, but a fight about the power of the Courts. Conservatives should never take the process of amending the Constitution lightly, and President Bush should make it abundantly clear that this is a last resort given what the abuse by courts on the federal and state level.

John Kerry, Hillary Clinton, John Edwards, among others, have insisted that the gay marriage issue be "left to the states." If reporters/anchors bothered to ask a follow-up question, they would point out that Justice Souter and his ilk will never be content to leave it to the states. (See, e.g., Lawrence v. Texas). Rather they are intent on imposing Massachusetts' law on every state in America.

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The salient point is that in a democracy, a few isolated individuals should not be allowed to make such sweeping changes in our law. This is supposed to be a government of, by, and for the people, not a government of highly-placed lawyers who seek to impose their vision (much of which they get from European courts) on an unwilling populace.

Restraining the judiciary must be the top priority for conservative from now until judges get back to the business of judging. Some conservatives find themselves beguiled by the ritual, formality and history of the judiciary--the robes, the high ceilings. Now they must push beyond the nostalgia and finally recognize that too many courts have become agents for the most radical forces in our society. By now everyone should understand why Sen. Chuck Schumer & Co. have been fighting so viciously to block Bush's judicial nominees-the Courts are the one place where the Left has been consistently winning.

Can you feel the pendulum swing? I can.

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JWR contributor Laura Ingraham is the host of a nationally syndicated radio show and the author of the just released "Shut Up and Sing: How Elites from Hollywood, Politics, and the UN are Subverting America". Comment by clicking here.

02/17/04: Have they no decency?
01/22/04: The Dean bubble
01/09/04: Jumping conservatives at the border
11/20/03: The Media Misses the Point — Again
10/29/03: The attack of the open border elites
09/11/03: Blame America redux
09/04/03: Back To School, or Back to...Sex?
08/27/03: The elites' anti-religion obsession
08/14/03: Dems whine, democracy shines
08/12/03: What would Reagan do?
08/06/03: Hillary, courtside
07/30/03: Gray skies just got darker
07/23/03: Sticking it to the Children
07/08/03: He's not invincible
07/01/03: It's time to take back the Constitution
04/01/03: Peter Arnett's MOAB
03/25/03: The Dems' Michael Moore Problem
03/18/03: Dixie Chicken out
03/11/03: The real predator drones
03/04/03: The French PR machine crashes
02/25/03: Keep us safe --- let's be more like Europe!
02/11/03: Hollywood loves dictators
02/05/03: First Amendment frauds in Cincinnati
01/28/03: The elites versus the voters
01/22/03: Playing (and losing) Homeland Security politics
01/14/03: What have you done for the free world lately?
12/17/02: Who is the better leader: Gore or Lott?
12/10/02: Who, more than anyone else, is actively advancing the cause of civil liberties around the world?
12/04/02: 'Tis the season to hope for the worst
11/27/02: The Federal P.C. Police Versus Small Business Owners (Cont'd)
11/19/02: Bipartisan moves to reward illegals
11/13/02: Eminem, a rebel? You gotta be kidding!
11/05/02: In defense of low turnout
10/30/02: Hell, no they won't go!
10/22/02: Where are the moderate Muslims?
10/15/02: California dreaming, cont'd
10/08/02: Slick Willie's running
10/01/02: Euro-worries about wall flower status
09/26/02: How lucky we are that the Straight Talk Express drove off the cliff!
09/18/02: What Jackson and Sharpton know about conservatives
09/12/02: The Today Show v. guns
08/27/02: Bush not attending the UN-sponsored "bash Amerika" conference!?
08/20/02: The NEA: Let the anti-American indoctrination begin!
08/13/02: Bubba's revenge
08/07/02: Bilingual bust continues its drag on our schools
07/30/02: Dems love for big lawyers=big opportunity
07/23/02: No time for vacation
07/16/02: Is Homeland Security all wet?
06/25/02: The firing season has arrived
06/18/02: Picking the next chief
06/11/02: Intelligence coup, with much more to do
06/07/02: The Bush administration's foul ball
05/30/02: Post-feminism in the aftermath of 9-11
05/23/02: The press gunning for Ashcroft
05/19/02: El Jefe basks in Carter's Light
05/15/02: Former presidents who don't understand the word "former"
05/07/02: Ozzy deified, many mortified, drugs glorified?
05/01/02: Bush: "California here I come ... sort of"
04/27/02: The good news about conservatives versus Bush
04/17/02: While the cat's away....
04/09/02: Preview of 2004: See how Dick runs!
01/29/02: A kinder, gentler human-rights violator?
11/27/01: Military tribunals provide streamlined justice
09/07/01: Scariest animal wears pants
08/17/01: Depressed after seeing uncut version of Apocalypse Now --- and for good reason
07/20/01: The other, maybe more important, news
06/22/01: Washington's pro-Bono worship is unnerving
06/01/01: Burying conservatism
05/17/01: Ashcroft's abuse of power

© 2002, Laura Ingraham