It’s About “Separation of Powers” Stupid

Republicans, drunk with power, aim to remake the entire federal government into a tool serving conservative interests. As we’ve seen, since the conclusion of Mrs. Schiavo’s tragedy, Republicans are mounting an attack on courts, vilifying and even making veiled threats against judges. Tom DeLay, the majority Republican leader, released this statement regarding judges recently: “The time will come for the men responsible for this to answer for their behavior, but not today.” Of course, we’ve also seen other Republican elected officials following Tom DeLay’s cue, and making similar threats of their own; and, now, it looks like we’re about to see an escalation of the attacks against judges and courts — that is, against the Constitutional principle of Separation of Powers.

According to the Washington Post (article -April 9, 2005), the Judeo-Christian Council for Constitutional Restoration recently organized a panel to discuss “Remedies to Judicial Tyranny” and to explore charges leading to the impeachment of Supreme Court Justice Anthony M. Kennedy :

This was no collection of fringe characters. The two-day program listed two House members; aides to two senators; representatives from the Family Research Council and Concerned Women for America; conservative activists Alan Keyes and Morton C. Blackwell; the lawyer for Terri Schiavo’s parents; Alabama’s “Ten Commandments” judge, Roy Moore; and DeLay, who canceled to attend the pope’s funeral.

The Schlafly session’s moderator, Richard Lessner of the American Conservative Union, opened the discussion by decrying a “radical secularist relativist judiciary.” It turned more harsh from there.

I suppose that Dana Milbank, the author of the Washington Post article, was recalling this:

[L]awyer-author Edwin Vieira told the gathering that Kennedy should be impeached because his philosophy, evidenced in his opinion striking down an anti-sodomy statute, “upholds Marxist, Leninist, satanic principles drawn from foreign law.”

And this:

Ominously, Vieira continued by saying his “bottom line” for dealing with the Supreme Court comes from Joseph Stalin. “He had a slogan, and it worked very well for him, whenever he ran into difficulty: ‘no man, no problem,’ ” Vieira said.

The full Stalin quote, for those who don’t recognize it, is “Death solves all problems: no man, no problem.”

When he wrote that things “turned more harsh from there.”

Conservatives and their Republican minions are growing tired and desperate at their in inability thus far to fast track the implementation of their socially conservative agenda; and, therefore, their wails and veiled threats against judges are likely to grow louder over the upcoming months. Sure, the base of the socially conservative movement welcomes the attacks on judges, and don’t mind being portrayed as extremists — even radicals — because they believe that they’re doing it all for a good cause. However, moderate Republicans are, I think, beginning to realize that they made a deal with the devil when when they partnered with the fundamentalist faction of their party. So, the question for us is, how do we exploit this? How do we reach out to these so-called moderates, while simultaneous underscoring that while the Republican leadership sides with the extremist base of their party, the issues that we all care about — Iraq, Social Security, etc. — are ignored and pushed off of the Congressional agenda?

As Kos has already pointed out, I believe that our talking point on this issue is the principle of “Separation of Powers,” something we all learned about in high school history and understand from those days. We, Democrats and Progressives, stand in defense of the principle of “Separation of Powers,” while Republicans work to destroy the Constitution with their attacks on Senatorial proceedings (i.e., ending the long history of debate on the Senate floor) and, now, with their frontal attacks against the courts — a co-equal branch of government.

Senator Harry Reid, of course, has already framed the situation along the lines of protecting the principle of “Separation of Powers,” when the Democratic leader announced that Senate Democrats would vigorously defend the system of “checks and balances.” With that in mind, whenever there’s an opportunity the “Separation of Powers/Checks and Balances” meme should be repeated to reinforce Senator Reid’s point; because this is a way of presenting the fight over the judges in a way that people understand and get.