Sunday, June 15, 2008

Conservative justices are following ideology to the detriment of the U.S.

The Supreme Court's ruling on detainee habeas corpus rights highlights what I've suspected for a time.

The conservative justices, (Scalia, Thomas, Alito, Roberts) are dangerously close to overturning Marbury v. Madison.

Their views, although stated as originalist, seem to strike at the heart of judicial review. Judicial review has been established law for almost 200 years.

When justices seek to subordinate judicial power to the other branches, they are abdicating the doctrines established by the founders. Specifically, they are undermining separation of powers.

We can call the conservative justices great jurists or brilliant legal minds, but to ignore the result of their ideology is to see the United States returning to a powerful Executive Branch and a strong but dispersed legislative power. All without some check on those branches.

What concerns me the most is that the Executive and Legislative branches are most susceptible to financial pressure from outside the government.

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