Iceman said:
I can't personally justify the comparison to the Civil War because that literally did tear apart America .. but then again its closure made future civil wars (in America) almost impossibly unlikely (thereby making the union stronger, like how breaking a leg in youth makes it stronger and less likely to break later on in life). Nazi Germay and Japan (clearly a reference to World War II) didn't directly affect America until late in the War. And Japan, the instigator of our involvement, had no chance of doing any kind of lasting damage to us.
America has only ever been directly threatened by the Civil War, the Cold War and ourselves. Say what you will about the legislature but we vote these guys in with regularity and individually, congressmen have little power to affect the greater government. The president is a slave to the party and also has limitied tenure. In contrast, the Supreme court weilds both an axe over the legislative branch as well as a larger pen. They can cut down any legislation as well as reinterpret any law. And with only a handful of these people, each with an unlimited tenureship, if you believe that their actions are harmful to the fabric of American society (as some do) then it is not ludicrous to claim that these few have as much power to affect America in them than do past wars fought on foreign soil.
The same could be said to have been occurring over the last half century between the less easily demarcated divisions in the nation separating social conservatives and social liberals (not so simple as red vs blue). Right now the institution that can most readily turn nation against nation is the Supreme Court. And they have thus far made the playing field ripe for such a battle. Christian conservatives constantly feel nervous about anything going up for consideration by the Supreme Court.. not that each decision has gone against them but sufficiently enough to suggest that the Court has little concern for the biblical.
For a people that believe that the welfare of a nation (especially this nation) rests on the graces of God rather than the legal squabbles of lawyers it's a troublesome problem.
you want to know why the judiciary has so much power? Well, I'm going to tell you is the most siple terms possible because a forum is no place to write an essay. The reason the judiciary is so powerful these days is that congress wants it to be.
These days political battle aren't fought through the electorate, they're fought through courts and agencies with a combination of legislative commitees, interest groups, and governament agencies. The reason things are like this is that the people on the commitees are voted into office by the people in the interest groups/corporate america and government agencies. SO, we end up with a government where all the voters do is choose who fighting, not the fights themeselves. The legislative branch does not want large voter turn out these days because 1) they may lose the next election if new voters are brought it, it's easier to predict the outcome when the same people vote in every election 2) the interest groups/corporate america don't want to lose the electoral power that they have over the politicians right now so they don't want to do anything to help get people to vote.
Ok, now we have a situation where we can very likely predict the outcome of elections and we effectively have a stalemate in congress (things have shifted to the conservatives for now but things change). Instead of congress fighting their battles through voter turnout, these day they fight it through, the media, and more importantly through the courts, that is why the courts have so much power.
It has nothing to do with one party or the other, they both are to blame.
actually, if you are interested in my post at all you should read Politics by Other Means by Benjamin Ginsberg and Martin Shefter: