Something rotten in Denmark

This whole thing with the Repubs threat of the Nuclear Option is, according to my conservative friend Gabe, just sour grapes over Roe v. Wade. Pro-Lifers are resentful that they were not given a voice over the decision. For that I have two thoughts: the first is the doctrine of Judicial Review, and the second is the amount of time since 1973 that legislators have failed to act to fulfill their wishes democratically.

The judicial review doctrine is outlined in the Constitution, and allows judges to strike down laws that they feel are contrary to the Constitution. This is not called writing laws from the bench, it's call throwing out laws that are garbage. Judges are not activists; they either follow a strict interpretation of the Constitution, or try to apply the Constitution to modern problems that weren't necessarily considered in the times of our forefathers. One of the things that make this country work is the doctrine of judicial review. If legislators want to override the Supreme Court, they can either pass a law that addresses the concerns in ruling, or they can attempt to pass an amendment to the Constitution. The other issue is that the legislature has had 32 years to pass an amendment to the Constitution or another law that dodges the Courts objections. It has not been able to achieve the needed number of votes in any case.

This is the democratic process as it exists in the United States. The Repubs, neo-cons and pro-lifers claim that judges striking down laws on the basis of unconstitutionality are undemocratic and activistic. They are not. Republican Senators attempting to subvert the Constitutional protections of the minority by undermining the filibuster is activistic and undemocratic. When the cloture rule was added to parliamentary procedure, it was the most democratic method of ending a filibuster.

This is dirty pool because the Repubs cannot convince enough people to confirm the President's appointments, and are afraid that they do not have enough support for a cloture movement in the event of a filibuster. Democratic means to resolve the current situation are already in place. What is going on now is an underhanded attempt to change the rules mid-game to favor the majority. This whole activist judge thing is an attempt at riling up a certain conservative part of the populace that are too simple minded or just plain ignorant of what is written the Constitution. They rely on talking heads like Painkiller Limbaugh or Pretty-blonde Coulture to tell them what the Constitution says, instead of reading it for themselves.