Wednesday, February 17, 2016

Supreme Court Atilt?


Yes it is leaning towards the right wing hegemony that matches the House of Representatives and the Senate. The problem is, left and right ideologues forget a primary principle: the middle is a merge of both right and left. They are composites of one another.

I’m a centrist. I believe that government has a purpose for being. I think the Constitution lays that out pretty well. I also think that ideas from both the left and the right make sense in determining not only which laws ought to be written, but how they also should be interpreted.

Try as we might no one can write a law that applies to a highly complex, diverse people fairly over all contexts and needs. It cannot be done. Instead all sides are considered to find a workable agreement that can be enacted and enforced. Implemented. Used and guided by. Did I say workable?

If a hard position is taken in an argument, one that has no wiggle room at all, then the law is clear until it is implemented.  Think of this law: Thou shall not kill. I know, this comes from the Bible, but all societies throughout all of history have enacted a law that deals with this same thing. But think of it – the law says you cannot kill another human being. So, let’s say you do. What is society to do? Will they imprison you for the rest of your life? Or will they execute you? Will they torture you with hard labor at the end of a whip?

Execute? Did I say execute? Let’s see, that would mean society has the right to kill a breaker of the law about killing another. How can killing of one person be the reason for taking the life of the law breaker? You see the dilemma here, right? If we outlaw murder then we have to outlaw execution, too.  Wiggle room needed?

330 million of us; think of it. So many differences attempting to be treated as one. Not possible. Also unthinkable, one religion. Not possible. So…

We accommodate differences. We accept them among us and deal with the issues they raise. Wiggle room. Life is not one thing but many. So too are the expectations, behaviors, mindsets, religions, political interpretations and everything else.

We do accommodate each other not because we are polite and civil, but it is in fact the only way to make things work. We all give a little and gain a lot. It is how the world works. That is until someone tries to ‘simplify’ things and force us to be what we are not.

We are not the same, you and I. We are quite similar but very much different from one another. It is this plentiful range of possibilities and diversity that enriches us and complicates us. Political power, governance authority, all of this, has to accommodate huge differences among us. That is reality, the way life is.

Conservatives feel government is a bad thing and needs to be limited.

Liberals feel government is a necessity and is useful to get a lot of things done that alone we cannot accomplish.

Middle of the Roaders accept the workable ideas from both the left and the right to make things workable. Work needs to get done. Someone has to do it. Authority to do it has to be available. A range of actions are needed to accommodate the differences among us.

Thus is born the centrists. They are the people who populate the institutions of our nation and make them work – the courts, police departments, libraries, colleges and universities, economic development centers, land use and building permit departments, fire departments, public schools, hospitals, vast numbers of charities, churches – all these institutions do the work of the people because the work is important. They get it done because not doing so means human suffering.

Think about this for a few hours. Let it all sink in. The people on the Right focus on principles and restrictions and clarity. The people on the Left focus on getting the right things accomplished for the good of the people. It is not about power but good they focus on. Right and Wrong are convenient points to think about, but they are hell to implement. Too many variables to consider.

So something in between the two end zones is needed to allow movement, accomplishment. Progress.

So, we witness the two end zones fighting each other for control of the argument. All the while the work of the nation is getting done by the other good folks.

The Supreme Court has been in the control of the Republicans for the past 60 years or more. Rarely has it been controlled by the Democrats. That’s a political fact. And yet we have this powerful skirmish for power between the Republicans and everyone else – to name a 9th justice of the Supreme Court so the ‘balance’ of power is maintained by Republicans.

Why?

There is a vacancy to fill and the current sitting President has the authority and the duty to nominate a candidate to fill the vacancy. And he will do so. When that happens, the Senate has the duty and authority to consider the candidate and fill the vacancy as expeditiously as possible. There are other justices who will die or leave their position due to health in the coming few years. Age is what it is and will do what it does. Filling vacancies will fall to the then sitting President. For now, Scalia is gone.

Let us get back to business and allow the workings of government to proceed. Tilt or counter-tilt. Whatever; get on with it.

Ideologues! You can’t live with ‘em, and you can’t live without ‘em. Although I’d like to try!

February 17, 2016


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