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Every American Should Celebrate These Federal Election Results November 9, 2016

Posted by federalist in Federalism, Government, Government Regulation, Judiciary.
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I haven’t made as much time for current events in recent years as I used to. My news on the campaign concluded with yesterday’s election was mostly limited to whatever people would mention during conversation.

I learned this morning that the used car salesman was elected President, and that vociferous supporters of his leading opponent, a politician who should have gone to jail long ago, are in mourning.

When our federal government was smaller, and when it hewed more closely to its Constitutionally proscribed role, the person who held the office of President didn’t matter as much. Good leadership and good ideas can bubble up from anywhere, and the guy behind the desk in the oval office doesn’t want to go down in history as a monster. Recent years have shown us that as government has grown the President has acquired the power to inflict extensive damage through often subtle administrative actions that are quite difficult to check. On that score, the losing candidate, with her long history and proven expertise in abusing such power, seemed to me far more dangerous than the blustery winner. Trump seems more inclined to work in broad strokes in the light of day than in dark rooms through a thousand cuts.

This election was, however, absolutely critical in one regard: The future composition of the U.S. Supreme Court (SCOTUS). SCOTUS is presently evenly split between (liberal) activists and (conservative) constructionists. If a liberal had won control of the presidency the current SCOTUS vacancy would have been filled by a liberal, and that least-accountable branch of the federal government would have resumed its activist practice of “legislating from the bench:” establishing laws by judicial fiat that are nearly impossible to reverse.

Instead, we have a conservative majority in the executive and legislative branches that will allow SCOTUS to be repopulated with judges who respect the role proscribed by the Constitution.1 America may not appreciate how close it came to a long reign of judicial tyranny. But for that everyone should today breathe a sigh of relief.


1Trump has said his nominee will come from the list compiled with the help of the Heritage Foundation, a conservative think tank, and the legal group, the Federalist Society.

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