Democrats Abandon the Constitution

10/16/18
 
   < < Go Back
 
from The Wall Street Journal,
10/16/18:

The Kavanaugh battle lost, they claim the Electoral College, Senate and judiciary are illegitimate.

Brett Kavanaugh’s appointment to the Supreme Court has sparked a firestorm of outrage and recrimination on the left. Some attacks seem aimed at intimidating the justices into supporting progressive causes. “The Court must now prove—through its work—that it is worthy of the nation’s trust,” Eric Holder, President Obama’s attorney general, tweeted Oct. 6.

Yet the attacks go beyond ideology. Detractors of Justice Kavanaugh and President Trump are denouncing the Constitution itself and the core elements of America’s governmental structure:

Electoral College

The Senate

Judicial Independence

Michael Barone has observed that “all procedural arguments are insincere.” Those who now complain about the undemocratic nature of the Electoral College and the Senate were quite content when their party seemed to have a lock on the former and held a large majority in the latter. And it is the Supreme Court’s counter majoritarian character that made possible the decisions, such as Roe v. Wade and Obergefell v. Hodges, that progressives now fear are at risk of being overturned or pared back.

The anger and disappointment of Justice Kavanaugh’s opponents is understandable, as would be that of his supporters if the vote had gone the other way. They are perfectly entitled to pursue political remedies, including using his appointment as a campaign issue. They also are entitled to pursue amendments to the Constitution that would make our system of government more responsive to the popular will. What they cannot do is overturn the Connecticut Compromise guaranteeing each state equal representation in the Senate, or launch unconstitutional investigations or impeachment of a sitting Supreme Court justice. The Constitution protects all of us, even Supreme Court justices.

More From The Wall Street Journal (subscription required):