The bitter battles now routine for every U.S. Supreme Court nomination go beyond the issue of the qualifications or political views of the specific nominee. They expose a more fundamental problem with the federal government: the legislative and executive branches simply refuse to take the Constitution seriously.
“Once upon a time, Congress felt it had a duty to legislate in accordance with the Constitution. Likewise, past presidents believed that they should veto laws that were not clearly constitutional,” said Wes Benedict, Libertarian Party executive director.
“But in more recent years, both branches have thrown this crucial duty away,” he said. “Now their attitude seems to be, ‘We can pass anything we want to, and let the Supreme Court deal with it if they don't like it.’ That was absolutely not what the American Founders had in mind.”