We all remember when after the U.S. Supreme Court found unconstitutional the underpinnings of the New Deal. The country was in a crisis mode and it was a time for decisive action.
The U.S. Constitution does not specify the number of justices who sit on the Supreme Court, which as I have said elsewhere is Washington’s smallest legislature — a body unburden by concepts such as following precedent.
While perhaps it might be interesting to have Congress hold certain former Supreme Court nominees in contempt for not honestly answering the questions that they were asked during the confirmation process, perhaps a better idea to propose expanding the Supreme Court by 8 members.
There is no better time than the present. The media is giving far too much coverage to the “Tea Party,” the only positive that I can say about it is that the leader of which conveys to the country’s “C” students that they need not rule out a career in politics.
FDR’s court packing ploy, did not succeed, but suddenly the Court disingenuously discovered the Commerce Clause — allowing America to get moving again. It did not end the great depression, but it did give the country a sense of purpose and hope.
President Obama need not find 8 ideologues. On the Republican side — I would look for patriots who truly seem committed to the Constitution and problem solving: Lindsay Graham, Charles Grassley, Ted Olsen and Richard Posner.
For the Democrats, I would propose Mario Cuomo, Maureen Dowd, Robert Reich, and Lawrence Tribe. No one can challenge the degree to which these individuals are committed to public policy.
Even if this stratagem failed (which it almost certainly would), it might get us to begin focusing on issues that confront this national rather than turning politics into a version of People Magazine.
