Home
In this issue

July 2, 2009

Rabbi Abraham J. Twerski: The hallmark of a person

Abe Novick: Up, up, and aliya

July 1, 2009

Rabbi Avi Shafran: The Road Taken

The Kosher Gourmet by Marialisa Calta: Get into the holiday spirit with these Star-Spangled desserts

June 30, 2009

Rabbi Binyomin Ginsberg: What makes a great parent?

Caroline B. Glick: Ideologue-in-Chief

June 29, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Beware of 'Caveat Emptor'

Steven Emerson: ACLU pushing for more money for Hamas

June 26, 2009

Rabbi Yoni Posnick: Learn the secret to a healthy marriage from a scriptural villain

Caroline B. Glick: Barack Obama vs. International Law

June 25, 2009

Rabbi Shimon Apisdorf: The Absurd Power of Truth

Jordan "Gorf" Gorfinkle's strip: Everything's Relative

June 24, 2009

Rabbi Yonason Goldson: Advancement of technology is a wake-up call for humanity

The Kosher Gourmet by Andrea Weigl: Summer on a stick: Making frozen treats can be easy, creative and fun

June 23, 2009

Martin M. Bodek: 'On Surnames': And so, We Begin

Caroline B. Glick: The Obama Effect

June 22, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Working for a corrupt firm

N. Richard Greenfield : Where are American Jews?

June 19, 2009

Rabbi Abraham J. Twerski: Emotion v. intellect

Caroline B. Glick: Israel's rare opportunity

June 18, 2009

Jonathan Rosenblum: Sometimes it is more essential to define the nature of evil than good

Jordan "Gorf" Gorfinkle's strip: Everything's Relative

June 17, 2009

Rabbi Yonason Goldson: The Language of Confusion

The Kosher Gourmet by Linda Gassenheimer: Nothing pleases Dad more than a thick, juicy onion-smothered steak. Add home-Baked Potato Chips and …

June 16, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Career v. Careersism

Caroline B. Glick: Obama's losing streak and Israel

Richard Z. Chesnoff: ‘Palestinians’: Never Missing an Opportunity …

June 15, 2009

Israeli Prime Minister Binyamin Netanyahu: How Judea and Samaria can become 'Palestine'

Daniel Pipes: Where Netanyahu's speech failed

June 12, 2009

Rabbi Abraham J. Twerski: Some big thoughts about not acting so big

Caroline B. Glick: Obama's High Commissioner

June 11, 2009

Victor Davis Hanson: Our historically challenged President

Mitch Albom: Beware the True Believers

Lewis Grossberger: What we learn from the new Hitler photos

June 10, 2009

Mort Zuckerman: What Obama and his advisors won't -- or refuse to -- grasp about Israel and the Muslim world

The Kosher Gourmet by Steve Petusevsky Lotsa pasta: Tips, techniques and (amazing) taste

June 9, 2009

Anne Bayefsky: Obama's stunning offense to Israel and the Jewish people

Frank J. Gaffney, Jr.: America's first Muslim president?

June 8, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Merchant must take responsibility for careless shopper?

Mark Steyn: A superpower that feeds on mediocrity cannot survive for long on leftovers from the past

Richard Z. Chesnoff: How do you say 'kumbaya' in Arabic?

June 5, 2009

Rabbi Abraham J. Twerski: In quest of spirituality

Caroline B. Glick: Obama's Arabian dreams

Charles Krauthammer: The Settlements Myth

June 4, 2009

Paul Greenberg: The War Comes to Little Rock

The Kosher Gourmet by Judy Hevrdejs: Splash it on! Tap your inner jazz musician and improvise when stirring up a vinaigrette

June 3, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Q. Should terrible teacher be exposed?

Jonathan Rosenblum: The Israel Lobby: Missing in Action

June 2, 2009

Dennis Prager: The Speech President Obama Won't Dare Give in Egypt

Frank J. Gaffney, Jr.: Pressure on Israel raises war risk

Oct. 29, 2003
Mortimer B. Zuckerman: Graffiti On History's Walls (MUST-READ!)

Jewish World Review Dec. 14, 2006 / 23 Kislev, 5767

Supreme farce, Part II

By Thomas Sowell


Printer Friendly Version
Email this article

http://www.JewishWorldReview.com | From time to time, the Supreme Court of the United States makes a decision that causes anger or outrage, but that reaction usually passes with time, especially since there is nothing the public can do about it — either to change the decision or to remove from the bench those who made it.


This has emboldened many federal judges at all levels to take advantage of their lifetime appointments to make rulings that impose their own personal views and call it law. Some have even added insult to injury by rationalizing such judicial activism.


In a recent interview, Justice Stephen Breyer claimed that laws are "not clear," so that judges are forced to base their decisions on the "values" they see behind the laws, rather than the specific words in those laws.


"Not clear" is an old ploy and "values" are a blank check.


Most of the controversial Supreme Court decisions that have outraged and polarized the country have not involved laws or facts that were "not clear." Everybody knows what an abortion is and what the death penalty is.


Everybody knows the difference between government's power to seize private property for "public use," like building a reservoir or a bridge, and allowing politicians to grab people's homes willy-nilly, in order to turn the property over to some other private parties, such as owners of casinos, hotels or shopping malls.


"Not clear"? Even the most crystal-clear law in the world can be twisted by clever lawyers and clever judges to seem unclear, if that is all it takes to give them the power to impose their own notions as the law of the land.


To people who want to see judges impose their own views instead of applying the laws as written, "not clear" is a magic phrase like "open sesame," opening the floodgates to unbridled judicial power.

Donate to JWR


The people who use this foolish argument are not fools themselves, though they may well regard the rest of us as fools enough to buy some pretty words, at the cost of losing the right of free people to govern themselves through the democratic process.


Very often both headstrong judges and those who support them in the media and in academia act as if these elites have both the right and the duty to impose their superior wisdom and virtue on the rest of us.


Many are unduly impressed by their superiority to others within some narrow band out of the vast spectrum of human concerns. From the fact that they know so much more than the average person, at least within that narrow band, they assume that they have more knowledge than all the millions of average people put together, across the whole spectrum of concerns involved in decisions.


That is the grand fallacy of social engineering in general.


No doubt the central planners in the days of the Soviet Union knew more economics than the average Soviet citizen. But nobody knows enough to set the 24 million prices that central planners had to set.


Yet hundreds of millions of ordinary citizens could have dealt with 24 million prices much more effectively because each individual or enterprise had only to deal with the relatively few prices necessary for their own decision-making.


In this, as in so many other situations in so many other societies, the total knowledge of the many vastly exceeded the special knowledge of the few.


That is what makes limiting the powers of the government so important — because it is virtually impossible to limit the presumptions of government officials, whether legislative, executive or judicial.


In the United States, those limits are set by the Constitution. Yet those limits have been repeatedly and increasingly exceeded by activist judges claiming that the laws are "not clear."


It is shameless sophistry. But they are not going to stop until they get stopped. And the only way to stop them is to start impeaching those judges who go counter to the law.


There will of course be outcries about a threat to an "independent judiciary." But the judiciary is not supposed to be independent of the laws, which is the dangerous situation today.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

Comment on JWR contributor Thomas Sowell's column by clicking here.

Up

Thomas Sowell Archives



© 2006, Creators Syndicate

Insight (Our Columnists)

 Mitch Albom
 Michael Barone
  Dave Barry
 Tony Blankley
 Andy Borowitz
 David Broder
 Stratfor Briefing
 Mona Charen
 Linda Chavez
 Ann Coulter
 Greg Crosby
 Rod Dreher
 Larry Elder
 Suzanne Fields
 John Fund
 Frank J. Gaffney
 Lloyd Garver
 Jonah Goldberg
 Julia Gorin
 Jonathan Gurwitz
 Paul Greenberg
 Lewis Grossberger
 Victor Davis Hanson
 Betsy Hart
 Nat Hentoff
 David Horowitz
 Laura Ingraham
 Paul Johnson
 Jack Kelly
 Ed Koch
 Ch. Krauthammer
 Jonathan Last
 Michael Ledeen
 John Leo
 David Limbaugh
 Kathryn Lopez
 Rich Lowry
 Michelle Malkin
 Jackie Mason
 Dick Morris
 Bill O'Reilly
 Jim Mullen
 Clarence Page
 Kathleen Parker
 Dennis Prager
 Wesley Pruden
 Tom Purcell
 Jonathan Rauch
 Celia Rivenbark
 Robert Robb
 Cokie & Steve Roberts
 Pat Sajak
 Debra J. Saunders
 Culture Shlock
 Roger Simon
 Michael Smerconish
 Thomas Sowell
 Mark Steyn
 John Stossel
 Cal Thomas
 Bob Tyrrell
 Diana West
 Dave Weinbaum
 George Will
 Walter Williams
 Byron York
 Mort Zuckerman

'Toons
 Robert Arial
 Chuck Asay
 Baloo
 Chip Bok
 Dry Bones
  Lisa Benson
 John Branch
 Gary Brookins
 John Cole
 J. D. Crowe
 John Deering
 Brian Duffy
 Everything's Relative
 Mallard Fillmore
 Jake Fuller
 Bob Gorrel
 Joe Heller
 David Hitch
 Jerry Holber
 Steve Kelley
 Jeff Koterba
 Dick Locher
 Chan Lowe
 Ranan R. Lurie
 Jimmy Margulies
 Rick McKee
 Michael Ramirez
 Kevin Siers
 Jeff Stahler
 Ed Stein
 Danna Summers
 John Trever
 Gary Varvel
 Kirk Walters

Lifestyles
 How 2
 Lori Borgman
 The Savvy Consumer
 Elder matters
 Fixit
 Dr. Peter Gott
 Marybeth Hicks
 GET A JOB! by Marty Nemko
 Richard Lederer
 Tech Maven
 Every Monday Matters
 Nutrition Myths
 Bookmark These
 Bruce Williams
 How Stuff Works