AnalPhilosopher

“[I]t is ambition enough to be employed as an under-labourer in clearing the ground a little,
and removing some of the rubbish that lies in the way to knowledge.” —John Locke, 1689

“[P]hilosophy can no more show a man what he should attach importance to
than geometry can show a man where he should stand.” —Peter Winch, 1968

William H. Rehnquist, R.I.P.

Chief Justice William H. Rehnquist is dead at 80. See here. He was a good federalist. Unfortunately, he stayed on the Supreme Court too long. He should have stepped down years ago, or at least after a Republican assumed the presidency in January 2001. See here for my criticism of his stubbornness.

Addendum: Liberals love to talk about "balance" on the Supreme Court. It's a stupid idea, frankly, but let's take it seriously for a moment. Liberals will have a hard time making a case that President Bush should nominate someone to the left of Justice Rehnquist. If being elected president means anything, President Bush should be able to replace any justice with someone to his or her right. Otherwise, what's the point of having elections? Since Justice Rehnquist was on the right (liberals would say "far right"), President Bush should get any nominee he wants. Of course, liberals will fight anyone he nominates, so their talk about "balance," like most of their talk, is disingenuous.

Addendum 2: My first choice for the Supreme Court was Michael W. McConnell. I hope he gets nominated this time. My main concern is getting federalists on the Court. This is why I'm delighted with John Roberts. He has a healthy sense of the limits of federal power. Liberals seem not to realize that ours is a limited government. Not every problem is within the province of Congress. The job of the Supreme Court is to strike down those laws that exceed congressional authority.

Addendum 3: It's been less than an hour since Justice Rehnquist's death was reported. I was talking to my mother on the telephone when she saw something on her television about it. A few seconds ago, I found the Wikipedia entry on Justice Rehnquist. Someone had updated it already. Amazing.

Addendum 4: Here, for those of you who haven't read it, is Justice Rehnquist's dissenting opinion in Roe v. Wade.

Addendum 5: Carol Platt Liebau has a long post about Justice Rehnquist. See here.

E. Allen:
The Constitution creates a balance between the individual, the state government, and the federal government. Republicans seem to favor state jurisdiction when that results in LESS individual freedom (contraception, abortion, mandated school prayers), and to oppose state jurisdiction when that results in MORE individual freedom (medical marijuana, Oregon's death with dignity law).

The bottom line is that the modern GOP's Constitutional philosophy is to minimize individual freedom. It cries "federalism" only in that purpose, and is more than happy with federal power at other times.
9.4.2005 3:39pm
Keith Burgess-Jackson (mail) (www):
How did Republicans come into this discussion? Rehnquist was a federalist.
9.4.2005 3:47pm
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