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When Judicial Supremacists Attack

Partisan.  That’s the complaint many Americans have with the state of politics.  The country would be better off, we are told, if only the Republicans and Democrats could put aside petty differences and work together.  Can’t the left and right find some common ground and build on it?

Unfortunately, when it comes to the power of the courts, the answer is yes.  Newt Gingrich recently learned this when he began discussing his policy paper “Bringing the Courts Back Under the Constitution.”  In this paper, Gingrich challenged the accepted belief that the U.S. Supreme Court has the final say on what the Constitution means.  For his efforts, Gingrich was exiled to the disrespectable fringe and criticized by pundits from across the political spectrum.

Slate.com complained that Gingrich’s policy paper “offends the basic constitutional principles of separation of powers, and judicial independence.”  George Will warned that Gingrich had been gripped by a “sinister radicalism” that is “thoroughly anti-conservative.”  Roger Pilon of the Cato Institute accused Gingrich of wanting to create a world where states can nullify desegregation rulings and oppress minorities.  Jay Bookman of the Atlanta Journal-Constitution charged Gingrich with embracing his “inner fascist”...

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