THE ROBERT W. WHITAKER ARCHIVE

PROFESSIONAL OBJECTIVITY IS AN OXYMORON | 2005-01-22

The Supreme Court just got rid of all the minimum sentencing laws that Congress passed to keep professional judges from letting career criminals back on the streets.

What else would you expect? Professional judges will naturally feel that the only people who should sentence criminals are other professional judges.

The United States Supreme Court is one of the three branches of the Federal Government. So when it comes to a conflict between state and Federal authority, the Supreme Court will consistently favor Federal power.

Everybody but me agrees that the United States Supreme Court IS the Constitution of the United States. Now if the Supreme Court IS the Constitution, and we are a country which is under the Constitution, then the Supreme Court, meaning the Constitution, is above the other two branches of government.

George McGovern declared that anybody who opposed racial busing was an enemy of the United States Constitution, because the Supreme Court had made its decision. I ran into this totally uncompromising argument in busing debates in congress.

In one press discussion for my congressman boss, I said the question on busing was whether the balance of powers between the executive, the legislature and the judiciary actually existed.

It does not.

The courts rule absolutely.