July 4, 2015
Within the space of just 48 hours, the United States Supreme Court ruled that the president is above the law; that straightforward statutory words may be twisted to mean the opposite of what they say; that discrimination — heretofore, the textbook example of a willful act — can be committed unconsciously, thereby supplanting our constitutional foundation of equal opportunity for all with the totalitarian’s dream of guaranteed outcomes for favored factions; and that five politically unaccountable lawyers, by dint of being issued robes, may impose their vision of the good society on 320 million Americans, reimagining our most basic institutions, our founding law, centuries of jurisprudence, and millennia of civilization.
Like millions of Americans, Senator Ted Cruz (R., Texas) thought this was a disastrous couple of days for the country. So did the rest of the Trumped-up cavalcade of GOP presidential hopefuls — or, at least, they said they did. Cruz, however, undertook to do something about it. He proposed an amendment to the Constitution that would subject the justices to retention elections.
“No social transformation without representation” adjured Justice Antonin Scalia in dissent from the five-justice diktat that 50 states end their democratic debate and redefine marriage to include same-sex couples. At least for now it is “couples.” No coherent limiting principle stops Justice Anthony Kennedy’s rendition of “All You Need Is Love” from devolving into “Why Don’t We Do It in the Road?” — and yes, for the modern Supreme Court, Lennon and McCartney are more apt than Blackstone and Story to shed light on the countless ways we might “enjoy liberty as we learn its meaning...”
Read the full article at National Review Online: Ted Cruz Is Right to Call for Retention Elections for the Supreme Court