Some Americans have viewed the destruction of long-held cultural values by the US Supreme Court with fear and discouragement. I am among them. But the back-to-back decisions this week on Obamacare and same-sex marriage have sparked a discussion about how to rein in justices whose legal philosophy appears to be, “it’s good to be king.”
Ted Cruz has solid credibility in commenting on the Supreme Court, having argued before it on several occasions. An article from him this week points out a positive action Americans can take to bring the Supreme Court back to its proper orbit: as a servant of the people, not their master.
Mr. Cruz proposes that Supreme Court justices have to stand for election every eight years to be retained in office. This would not lead to mob rule; twenty states already have retention elections for judges, and the process has been relatively smooth. Cruz notes that
The courts in these states have not been politicized by this check on their power, nor have judges been removed indiscriminately or wholesale. Americans are a patient, forgiving people. We do not pass judgment rashly.
Congress could write an amendment to the Constitution and send it to the states for ratification by the voters. 34 states would need to approve the amendment for it to take force. An alternative route would be an Article V convention of the states to write an amendment if Congress fails to act. My opinion is that going through Congress is the safer, more practical route. This is a long-term project, and indeed, we do not want any hasty action taken in regard to the Constitution. But patient, unrelenting pressure on Congress to write and pass such an amendment, along with outreach to the American public, could well be successful. It is the sort of common sense fix to an obvious problem that should appeal to many people.
Read more at: http://www.nationalreview.com/article/420409/ted-cruz-supreme-court-constitutional-amendment