Obama’s View of the Law

President Obama interrupted the briefing of Press Secretary Robert Gibbs with the news media yesterday to state his view of what a Supreme Court Justice’s view of the Constitution should be.

He said that individual should understand that justice is not just about "some abstract legal theory or footnote in a case book" but "also about how our laws affect the daily realities of people’s lives."  

That is EXACTLY what we need on the Supreme Court, but Republicans are ready to go on the attack and demand a nominee who goes by the Justice Antonin Scalia "originalist" interpretation of the Constitution, which states that the Constitution should be interpreted based on the thoughts of 1787, rather than considering modernist ideas and adaptation after 220 years of changing times.

This will be a grand fight, with the President, fortunately, having the advantage with 59 Democrats now and one more to come soon with the future seating of Al Franken. All Obama will need is a majority of the Senate, technically,  but it is assured that conservatives will address the social issues of abortion, gay rights, gun rights, religious rights and the death penalty as they challenge whoever the President chooses as his nominee for the high court, and there will be moderate Democrats who might be wooed to join the GOP camp and oppose the choice.  The summer will be a contentious time and the goal of the GOP is to block progress on other programs and initiatives of the President during this court battle, and they also hope it will restore the flagging image and strength of the Republican party, bringing them back to real influence as the opposition party.

This battle brings back memories of a century ago, when the Progressives argued for a change in the conservative, literal interpretation of the law.  The battle between progressives and conservatives then mirrors the struggle still going on today between liberals and conservatives.  In a way, it is the struggle between Hamilton and Jefferson renewed yet again!  And it affects the next generation and more, so it is a challenge that must be won!

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