Schumer and Leahy: We Don't Understand The Constitution

Infuriating, simply infuriating.

In a tag-team appearance with Senator Pat Leahy (D. Vt.), ranking minority member of the Judiciary Committee, Schumer confessed to the Nation that neither he, Leahy, nor the Democrat party for whom he spoke, understands a fundamental principle of American constitutionalism: separation of powers.  Indeed, ever since Schumer confessed, his echo has been heard as Democrat functionaries (e.g., Kennedy, Biden, Durbin, Pelosi) have made the same confession that they, too, do not understand one of the three basic pillars upon which our Republic stands.

All of them, and for that matter most of the media, have been demanding that judicial nominee Roberts “answer questions.”  That Roberts explain his position on abortion, that he reveal where he stands on affirmative action, that he disclose how he would rule on capital punishment, that he divulge his stand on eminent domain—that, in effect, he make known the platform on which he is running for a seat on the Supreme Court of the United States.

From the perspective of the Democrats, this is entirely understandable, even defensible—because they do not understand Separation of Powers, and thus the Constitution’s mandated role for a judge in the American system of government, believing instead that the judiciary is simply another political branch.  The Democrats see judges—Warren, Brennan, Douglas, Blackmun, Stevens, Ginsburg—as legislators, promulgating from the bench their own social, economic, and even moral, programs, not interpreting the Constitution and laws passed by the politically accountable actual legislature, i.e., Congress.

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