I have managed to largely avoid commenting on politics for a pretty long time, but the recent comments of Congressman Tom Delay have finally prompted me to write something. First of all, it comes a constant shock and disappointment to me when Congressmen- the people who are literally making the law in this country make arguments that not only make essentially no legal sense- they barely make any sense at all.
I am willing to overlook the fact that DeLay criticized Justice Kennedy for "citing international law," in recent opinions (I'd like to point out- so are O'Connor and Breyer and frankly I'll take the opinion of three of Supreme Justices over this yokel), but I almost laughed out loud when I read that he criticized Kennedy for, "doing his own research on the internet." Oh...my....god.... I'll admit I did not take the time to look up DeLay's bio before writing this, but I sincerely hope for his own sake and for the sake of the legal profession this guy is not a lawyer, because his only excuse for this comment then is that he's been living in a cardboard box next to the Potomac since his term in office started. This statement is ridiculous for such a multitude of reasons its...staggering. Is he talking about legal research? Because if he is he has a beef with basically every lawyer or judge in the country who has a Lexis or Westlaw account, which I am going to just guess is over 75% of them. As for the "doing the research himself," portion- who the hell should be doing the research? In reality anything not done by the Justice is going to be done by his clerks who are basically the smartest recent law school grads in the country.
The second part of this whole criticism that is ludicrous is that DeLay is demanding that the Judges, "interpret the constitution literally" (read: vote the way Scalia does) and while I have no problem with a literal reading of the constitution, it appears the preeminent authority on what the Constitution actually means, Mr. Delay, sounds as if he's never read the document himself. The fact that Mr. DeLay fails to grasp the implications that his demands have on the seperation of powers is either absolutely astounding or infuriating. It is astonishing because Mr. DeLay is so out of touch with reality or uneducated that he does not realize such a doctrine exists. However, I believe DeLay knows exactly what the law is, but aims to misinform otherwise unaware Americans that Judges are "making up law" while all the while they are doing no such thing except disagreeing with Mr. DeLay's personal viewpoints.