The way out of governmental gridlock,
Laura Hollis argues, is for Washington to do less.
In place of a permanent class of royalty and nobility, we have created a permanent political class in Washington, D.C. The remedy is not merely packing each branch of government with "our guys," but in realizing that the best chance for freedom and progress can be achieved when government is confined to the roles set out for it in the Constitution.
That's consistent with the
Cold Spring Shops position. Ms Hollis notes,
This would be the perfect time for Democrats to admit the shortsightedness of their earlier love affair with increased federal government power, and to rediscover the logic behind the separation of powers and limits on government found in the U.S. Constitution. Instead, their strategy seems to be to try to regain Democratic control of all three branches of the federal government so that they can wield power once again, without fear -- unlike Republicans -- of any press pushback.
No ruling class ever voluntarily gives up its powers. Apparently, taking the right lesson from losing elections isn't the preferred option, when the consequences of the elections include the Front Row Kids losing some of their powers. In fact, as
two gangster-gramophones in the heart of the incela corridor argue, Constitutional powers can be the way for the Front Row Kids to keep their powers intact.
There is only one way to get out of the vicious cycle ahead of us: We need to stop thinking of the Supreme Court as the final arbiter of every controversial issue in American politics. Short of that, we must make it harder for the court to act decisively in controversial cases. This could be done by requiring an even number of justices picked by a majority and a minority in the Senate. Let the court deadlock more, and let democracy do the hard work of politics, instead of lawyers and judges.
Read the column, dear reader, and note the back-handed way the authors introduce the Tenth Amendment, or states going their own way.
An even balance on the court would make it less likely that any one justice will again possess the disproportionate dominion on American politics Kennedy had at the end of his career. And it will leave more issues to Congress, lower courts and the states to decide. The Supreme Court will instead be left to decide two sets of cases: (1) genuine constitutional questions, where the legal issues transcend current policy fights; and (2) questions where conservatives are able to convince liberals, and vice versa.
The interaction between electoral politics and the composition of the High Bench has been contested for as long as there has been the Republic (unsurprisingly: it's a 230 year experiment in separated and enumerated powers), and the threat of losing all their powers for the first time since the late New Deal is concentrating minds in the Permanent Bipartisan Establishment.
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