brainchild
Banned
I was going to make this huge long post, but then my computer died.Even though it was plugged in and charging : ((
A shorter version is that the Republicans have held the court for more than 30 years now, and this is the first time we can turn it around. Conservatives got that advantage because of two back to back presidents, which is a similar situation to what democrats can have this year.
Below is an image of the leanings of the Supreme Court, as you can see, the court has been changing ideology for quite a while, and there are long stretches of years where the court stays with one leaning.
http://cdn.shopify.com/s/files/1/01...me-Court-final2_5000w.jpg?4402124340634297419
As of right now, Breyer is 77, Kennedy is 80, and RBG is 83, and has had cancer for 16 years. Scalia is dead. Right now, Republicans have the advantage of a younger court than the Democrats. But that can change. Ginsberg can retire after Hillary is elected, as can Breyer. Kennedy can hold out, but it is likely he will die or will have to leave, especially if Hillary is reelected. What were talking about here is two different roads.
The first is that Trump (or any republican really) wins:
Scalia will be replaced by a republican, that is fairly conservative, if not as conservative as Antonin. Kennedy retires, and gets replaced by a younger justice. The Republicans now have a Supreme Court that is 5-4, and young: their oldest member will be 66.
The second is that Hillary wins:
Scalia will be replaced by a democrat, who may or may not be as liberal as some want, but will undoubtedly be more liberal than Kennedy, which is what matters. RBG will be replaced, which will go easier than Scalia's seat, as it will not flip the court. Breyer will also likely choose to be replaced. It is possible Kennedy leaves for whatever reason. The democrats now have a young (oldest member is now probably less than 70 years old), democratic supreme court at least 5-4, and possibly 6-3, which is an advantage they can keep for at least ten years, no matter if Hillary has a second term or not.
Why is this important? The supreme court is far and away the most powerful branch of government. They have the ability to strike down any order,law, treaty, or statute they find to be unconstitutional. The justices will not be held whim to their constituents, as they have none, and will be free to vote their conscience on any cases.
Were talking overruling citizens united, which is a number one priority according to Hillary. We're talking striking down voter id laws, finding gun control measures constitutional, not having Roe v Wade overturned, possibly ending the death penalty (they did in the past, and there is a clear case for this under the 8th amendment).
This is the power of the supreme court, which has the ability to shape the future of america in ways the president or legislature simply can not.
I don't see anything in this post that refutes anything that I've stated. You've made the case that the supreme court is powerful and I would agree with that assessment. Their power isn't the problem. Their lack of potential to consistently and consecutively use their power for good over decades and even centuries is the problem. We cannot solely rely on the supreme court to rule in favor of progressive values until the end of our days.
What I'm advocating for isn't something that precludes the supreme court from doing its job. I'm talking about factors and variables that potentially help to shape the values of our society over a very long period of time. The supreme court can play a powerful hand in that, but every president plays a significant part in it too. It's not one or the other.
So as long as Hillary Clinton supports the death penalty, I will continue to criticize her for it even though I'm still going to vote for her. The supreme court cannot wash her hands of the negative impact she will leave on society if she publicly supports the death penalty as President of the United States.
And make no mistake, Hillary won't be even remotely apologetic about a convict receiving the death penalty if she truly feels like they're deserving of it. That kind of rhetoric should not be allowed to come from the leadership of this country.