“We the People” should get the chance to decide the type of justice we want at the Supreme Court through the next presidential election. The balance of power between the branches has been eroded under President Obama, and allowing him to appoint a third Supreme Court justice will further exacerbate the problem.

The main issue is one of judicial philosophy. Justice Scalia was a strong proponent of adherence to the text of the Constitution. In that sense, he was willing to apply the sort of judicial restraint envisioned by our Founding Fathers on matters that fall outside the scope of the U.S. Constitution.

But the dangerous judicial philosophy of the liberal side of the Court, which believes the Constitution is a “living, breathing” document, allows judges to manipulate the Constitution to accommodate for the flimsy whims of our rapidly changing culture. These sorts of justices see themselves as the agents of cultural change and not as officers of the law.

A “living, breathing” Constitution is no constitution at all. Scalia himself warned about the Supreme Court acting as a “super legislature,” invalidating the votes of millions of Americans through judicial fiat.

Senators who stand against rushing to confirm another Obama nominee, favoring the vote of the people as they select a new president in just a few short months, are actually living up to the highest standard of that sacred oath to support and defend the Constitution of the United States.

Sincerely,

Dana Hodges

Associate State Director, Concerned Women for America of Texas

Orange, Texas