David Limbaugh

Democrats can talk until they're blue in the face about Republicans tinkering with the system by invoking a Senate rule change. But in the first place, it is just that: a Senate rule change, and as I said, the change is only necessary to correct the Democrats' abuses and usurpations of power.

The reason Democrats are filibustering judicial nominees is that they refuse to play by the rules and allow the duly elected president and Congress to exercise their constitutional authority. No one's asking them to lie down or forfeit their minority rights, merely not to break the rules to obstruct the majority.

Under our system, the people elect the president and Congress, and those two branches set policy for the government. The judiciary was never intended to be a policy-making branch. Yet Democrats, for decades have been willfully violating the Constitution by using the courts to make laws and set policy -- often in derogation of the policies already set by the other two political branches.

In an astonishing demonstration of chutzpah, Democrats have been complaining about Republicans threatening the independence of the judiciary when Republicans say they want to take action to force the judiciary to revert to its non-political, independent role. Democrats haven't respected the independence of the judiciary since before the Warren court era of judicial hyper-activism.

It is laughable that they demand an independent judiciary when what they really want is a judiciary they handpick for the express purpose of implementing policy they can't otherwise achieve through the political branches of government. They see the judiciary as both a high-powered vehicle to thwart the democratic will of the people and as a weapon for their side to use in the Culture War. They view the judiciary as a catalyst for social change, an instrument to supplant traditional values with secular relativism, and all the hedonism and licentiousness it entails.

That's why they seek to divert attention from the real issues involved in the judicial nominations debate and demonize the messengers, the Republicans, as pawns of the evil Christian Right. If unenlightened Christians are advocating the constitutional option, it must be a sinister ploy indeed.

Thank God for these " sinister" Christians, who at this point are the main ones holding the feckless Senate majority accountable -- feckless, that is, unless they muster the backbone to invoke the constitutional option.

David Limbaugh

David Limbaugh, brother of radio talk-show host Rush Limbaugh, is an expert on law and politics. He recently authored the New York Times best-selling book: "Jesus on Trial: A Lawyer Affirms the Truth of the Gospel."

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