© The Associated Press/J. Scott ApplewhiteUS Supreme Court Building in Washington
Why a special issue of
The Nation devoted to the Supreme Court? Because with partisan gridlock paralyzing the president and Congress, the Court has more than ever become "the decider" - the most powerful branch of government, and one at the center of a controversy whose outcome may shape the course of democracy for generations to come.
By a paradox both historical and constitutional, the political appointees on the Roberts Court will never have to answer for their decisions to voters like you and me. Nor to the president or Congress: once they are confirmed, the Supreme Court's justices, like all federal judges, serve for life or "good Behaviour."
The Constitution's framers meant to secure the Court against political pressure from the electorate and arbitrary dismissal of its members from on high by presidents dissatisfied with their decisions. As the third branch of a new national government - one whose powers were to be divided to block overreach by any one of them - the Court would be equal to the executive and legislative arms, even though the president appointed its members with the concurrence of the Senate.
That changed dramatically when John Marshall became the fourth chief justice in 1801, shortly before Thomas Jefferson took office. The two brilliant men were bitter rivals, members of opposing parties. Marshall was a Federalist, Jefferson a Republican (no kin to the present GOP). So the supposedly neutral Court has been thrown since its infancy onto the partisan battleground, where it remains to this day.
Comment: Medicare, Medicaid, Social Security and lots of other stuff could be easily afforded by cutting the military budget in half. But for some reason, no one seriously proposes that, even though, if cut in half, the U.S. military would still be the strongest by far in the world. The U.S. can't afford its global empire, but it's those who benefit from the global empire and the military spending that are calling the shots. These pathocrats don't care if the U.S. becomes a Third World kleptocracy where the vast majority are impoverished.