With an appointment coming up soon on the Supreme Court the President has the opportunity to exercise his philosophy about nominee criteria. He said he was looking for “the depth and breadth of their empathy”. He further said the “critical ingredient” is what was in a judge’s heart. Well, his criteria will move court philosophy one giant step beyond a “living Constitution”, and light years from a strict construction viewpoint.
His view would suggest Constitutional lawlessness, and if embraced would in fact repeal the same Constitution judges were commissioned to interpret. Our Constitution gives us a legislative branch to take care of our “feelings”.
I understand much of the Constitution is not completely free of any interpretation, such as article I regarding the individual states being awarded 2 Senators as an example. However, to lightly regard the written word and the well documented original intent or to become impatient with the Constitutional amendment process is a real eye-opener. For a judge to take the whole document and engineer a pleasing edict representing his personal feelings and values is rebellious.
I am starting to worry about the President.