What we should be AWARE of?

Where is the conservative Blog 5A
Supreme Court taking us?

What should we be aware of?

Chief Justice Roberts in an article written in 1993 wrote, ”A relaxed doctrine of ‘standing’. would transform the courts into an ombudsmen of the administrative bureaucracy, a role for which they are ill-suite both institutionally and as matter of democratic theory.” In another.” article written in 1993 Justice Roberts wrote, “The one thing(Congress) may not due is ask the courts in effect to exercise (legislative) oversight responsibility at the behest of any John Q. Public whom happens to be interested in the issue.”

Justice Scalia has gone one step further. Writing about the Lujan vs. Wildlife Defenders, he wrote, “If Congress could authorize mere citizens to ensure that federal agencies followed the law it would interfere with the president’s constitutional duty to ‘take care that the laws be faithfully executed”.. Diogenes’ personal opinion, nonsense..

THE REVERSE SIDE OF THE COIN. Any increase in judicial restraint increases the power of the executive, namely the President. The more the Court restrains the weaker the oversight and the greater the executive power, and vice versa..

Our system of gov’t was called a system of checks and balances. It was based on a English idea that “mixed govt is best”. Each of the branches of gov’t, legislative, executive. and judicial would keep informed and check on the other two.

The quotations from Justice Scalia and Justice Roberts above would indicate that if the conservatives continue to get their way the Supreme Court practically gives up the Court’s oversight role as a counter balance to the other two branches of gov’t.

On certain issues such as greater transparency in govt, trying to maintain some checks and balances, guarding against executive overreach, and civil liberties the “liberals” and more liberal conservatives can come together .to make a majority.

This is particularly important because the congressional republicans in recent terms has shown no interest in an oversight role of the executive branch. They have acted like a cheering section for whatever the executive wanted. Diogenes believes the Congress has neglected and abandoned its constitutional duties.