Two Former Bush Attorneys Generals Call Gingrich Idea on Courts “Dangerous”
You can’t say Republicans — and Americans — have not been warned if former House Speaker Newt Gingrich gets the GOP Presidential nomination and is elected. Two former Bush Attorneys General have called his idea on how to deal with the Supreme Court “dangerous”:
Two former attorneys general under President George W. Bush have found a few things to like in Newt Gingrich’s position paper on reining in the authority of the federal courts, but other parts, they say, are downright disturbing.
Some of the ideas are “dangerous, ridiculous, totally irresponsible, outrageous, off-the-wall and would reduce the entire judicial system to a spectacle,” said former Attorney General Michael Mukasey.
In a 28-page position paper entitled, “Bringing the Courts Back Under the Constitution,” Gingrich argues that when the Supreme Court gets it wrong constitutionally, the president and Congress have the power to check the court, including, in some cases, the power to simply ignore a Supreme Court decision.
“Our Founding Fathers believed that the Supreme Court was the weakest branch and that the legislative and executive branches would have ample abilities to check a Supreme Court that exceeded its powers,” he argues.
Mukasey and Alberto Gonzales, in exclusive interviews with Fox News’ Megyn Kelly, said they are particularly alarmed by provisions such as allowing Congress to subpoena judges after controversial rulings to “explain their constitutional reasoning” to the politicians who passed the laws.
“The only basis by which Congress can subpoena people is to consider legislation. To subpoena judges to beat them up about their decisions has only — if they are going to say that has to do with legislation they might propose, that’s completely dishonest,” Mukasey said.
“I think we have a great government, a great country because it’s built upon the foundation of the rule of law. And one of the things that makes it great and the rule of law is protected by having a strong independent judiciary,” Gonzales said.
“And the notion of bringing judges before Congress like a schoolchild being brought before the principal to me is a little bit troubling. I believe that a strong and independent judiciary doesn’t mean that the judiciary is above scrutiny, that it is above criticism for the work that it does, but I cannot support and would not support efforts that would appear to be intimidation or retaliation against judges.”
Think back to Nixon and Watergate. There was considerable speculation at the time that Richard Nixon might ignore the courts and set off a constitutional crisis. That was considered an outrageous, dangerous, frankly scarey possibility but in the end, Richard Nixon didn’t ignore the courts.
And, here, Gingrich is suggesting that be policy: you get to pick and choose the decisions of the Supreme Court that you bother to obey.
It isn’t exactly what is taught in PoliSci classes.
Or law schools.
7 Responses to “Two Former Bush Attorneys Generals Call Gingrich Idea on Courts “Dangerous””
Alberto Gonzales was a terrible AG.
The idea that he is a moral paragon compared to Gingrich should shock all of us, except that we have grown accustomed to the show hitting new daily lows.
Related note:
New polls show absolute disdain for congress, more than 50% think we need to throw most representatives out.
http://www.washingtonpost.com/blogs/the-fix/post/american-public-to-congress-get-out-all-of-you/2011/12/14/gIQABY8vvO_blog.html
Given his ideas about an “independent judiciary” and other of his poorly thought out ruminations, it is a mystery that Newt has managed to sell the myth that he is the “smartest one in the room”. Perhaps it is a small room…a very small room.
And there I thought that they explained their reasoning in those opinions they wrote. Silly me.
The Constitution created 3 co-equal branches for a reason. The Founders didn’t want the courts subverted by a tyrannical executive- That is what the balance of powers clause means.
At least there are a few sane member of the GOP left– though I agree that A. G.Gonzales was nothing more than a toady for W.
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This is where Newt the Failed Historian irritates me: when the courts were weak, shortly after the founding, this nation was a bastion of injustice and division, most especially and specifically regarding slavery, upon which issue the courts were either silent or acquiescent.
Harking back to those “good old days” would be like saying the Black Plague built character.
Newt is the smartest guy in the room. However, so were Machiavelli, Caesar and others.
Although the Supremes do goof sometimes, I still listen to their songs and to let congress interrogate them is the most ludicrous idea yet.