While considering my first cup of coffee this morning, I was scrolling through teh Twitterz and found this—
—which seems to be a neat summation of the real constitutional “crisis” being played out in this week’s SCOTUS nomination hearings: Congress has been failing to do its job writing legislation for more than a century.
One obvious problem is the deferral of too much of the regulatory process to executive branch agencies such as the FCC or the EPA. Another is the lack of Congressional pushback when the courts have engaged in legislation from the bench.
If Senator Hirono is so concerned about the Supreme Court overturning Roe v. Wade, she should introduce legislation to remove the Court’s authority to consider abortion cases. Congress has that power under Art. III, Sec. 2 of the Constitution. Of course, the fallout from the debate over such a bill might have disastrous consequences for elected officials who could lose their jobs at the next election, so it’s understandable that she might prefer to leave such questions the responsibility of government employees with better job security. Even if they might vote the wrong way. Some things aren’t worth risking your job.