THE PROGRESSIVE CONSERVATIVE, USA
An Online Journal of Political Commentary & Analysis
Volume VI, Issue # 240, November 12, 2004
Dr. Almon Leroy Way, Jr., Editor
Government Committed to & Acting in Accord with Conservative Principles
Ensures a Nation's Strength, Progress, & Prosperity
THE BATTLE FOR THE FEDERAL JUDICIARY
By Christopher G. Adamo
THE POLITICAL CONTROVERSY OVER APPOINTMENT OF FEDERAL JUDGES TO FILL VACANCIES ON THE U.S. COURTS: THE
CONTINUING BATTLE BETWEEN CONSTITUTIONAL CONSERVATIVES SEEKING A FEDERAL JUDICIARY THAT INTERPRETS THE
U.S. CONSTITUTION IN ACCORDANCE WITH WHAT THE CONSTITUTION ACTUALLT SAYS & LEFTWING LIBERALS DEMANDING
THE APPOINTMENT OF FEDERAL JUDGES WHO ARE COMMITTED TO THE POLITICAL IDEOLOGY & RADICAL PUBLIC POLICY
AGENDA OF LEFTWING LIBERALISM & ARE DETERMINED TO MAKE FUNDAMENTAL LAW THROUGH JUDICIAL INTERPRETATION,
READING THEIR OWN IDEOLOGICAL NOTIONS & POLICY PREFERENCES INTO THE COUNSTITUTION & DESTROYING GENUINE
CONSTITUTIONAL GOVERNMENT IN THE PROCESS
FULL STORY:
In a bizarre manner, U.S. Senator Arlen Specter actually did an enormous favor to Conservatives and pro-Constitution forces
last week. Essentially stating that pro-life Federal Court nominees need not apply, he brought to the forefront a subject about
which Conservatives have given up far too much ground over the years.
Specter’s not-so-subtle threat unequivocally confirmed a truth that naive Conservatives have long been unwilling to face. The
elimination of a pro-life litmus test for judicial nominees, at the insistence of the pro-abortion forces some years back, effectively
constituted the establishment of a pro-abortion litmus test in its place.
It is altogether unfortunate that so many pro-Constitution Conservatives bought into the notion that the abandonment of their
“litmus test” yielded some sort of “neutrality” among judges who were subsequently appointed. The bulk of evidence proves
instead the consistent appointment of judges who are nothing less than advocates of abortion. But the overall damage to American
jurisprudence, and thus to the entire fabric of society, didn’t stop there.
A Pandora’s box was opened by these activist social reformers who, hiding behind the awesome power of the Federal Bench, derive
their decisions not from the true meaning and intent of the U.S. Constitution, but from nonexistent “emanations” and “umbras” they
can concoct from it. Ultimately, they have been empowered to make war on traditional America from a wholly unaccountable position,
with virtually no recourse by the people.
Blatantly extra-constitutional decisions have since been handed down by the courts, reaching every aspect of American life, from the
forced legitimization of sodomy in last year’s Lawrence v. Texas decision, to the criminalization of the Ten Commandments
and the Pledge of Allegiance. This they do, not for the sake of liberty and justice, but in service to the counterculture and its twisted
precepts of morality.
Any effort whatsoever by pro-Constitution forces to seek accountability on the part of would-be judges has been summarily
rejected by the political and cultural Left, on the grounds that doing so is too burdensome of a “litmus test.” In light of this, just
what sort of individuals can be expected to qualify for appointment to the U.S. Supreme court and to other Federal Courts?
Are all standards of ethics or reason, other than legal credentials, too onerous of a requirement for individuals who could well end
up in a position to determine the future of American society? Is honesty itself too restrictive a standard to be considered essential
to a nominee’s fitness for office? How about the nominee’s past record of honesty as to what the Constitution actually means?
Not surprisingly, recent history has proven that the failure to pass such a “litmus test” as this (and many recent appointees to this
nation’s high courts could not pass such a test) clearly correlates to a judge’s subsequent refusal to abide by constitutional law in
any respect.
Hence, the only presently viable manner of ridding the country of the scourge of judicial activism is to confirm only those
individuals who are willing to abide by the U.S. Constitution and not arrogantly usurp it or subordinate it to their overly inflated
regard for their opinions.
It is vital to the very survival of Liberalism that the Left somehow neutralize the impact of the elections of November 2, 2004. It is
unfortunate that the Chairmanship of Arlen Specter, ostensibly a “Republican,” on the U.S. Senate Judiciary Committee, could go
a long way towards that goal.
True reform on the part of the Left, other than possible changes in “marketing and packaging,” is not an option. And the
installation of Senator Specter, in such a key position, would completely undermine every effort by Republicans to build on their
present momentum.
Once the shock of this year’s elections wears off, Liberals in the media and on Capitol Hill have every intention of reasserting
their presumed moral superiority. The benefits of such a tactic are twofold.
First, they can continue to define and dictate the national public policy agenda, despite their lack of majority status. Secondly, in
so doing they will be able to assert their superior leadership qualities, thus paving the way for a possible backlash from
disillusioned Conservatives, resulting in an eventual turn-around of their fortunes in upcoming political contests.
As is always the case, none of their goals can be accomplished without the assistance, whether willing or otherwise, of witless
Republicans who might accommodate them. Thus, the battle for the Federal Judiciary, in which it is crucial that Conservatives
hold key positions in the U.S. Senate, may well define the outcome of the 2006 and 2008 elections.
LINKS TO RELATED TOPICS:
U.S. Constitutional Law & Political Philosophy
Appointment of U.S. Federal Judges
Legal Issues, Lawyers, & America's Judiciary
Christopher G. Adamo is a freelance writer who lives in southeastern Wyoming and works in the field of industrial instrumentation.
He is actively involved in Wyoming's political process, serving as a delegate to successive Wyoming State Republican Conventions
and as a member of the Wyoming State Republican Central Committee. He has assisted Republican candidates for local and state
legislatures and for the United States Congress. His articles, which appear regularly in The Progressive Conservative, U.S.A.,
and on a number of other websites, reflect a major concern with the damage being done to Conservatism and Conservative causes by
the Liberal Leftist faction in the Republican Party as well as by the much larger and more powerful Liberal Leftist faction in the
Democratic Party. During the early and middle 1990s, Adamo was Editor of the Wyoming Christian Coalition's official news organ,
The Wyoming Christian. Adamo maintains his own Internet website, which is located at
www.chrisadamo.com.
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Dr. Almon Leroy Way, Jr., Editor
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