The Constitution and the Evil of Two Lessers

The argument most frequently made by our many Republican friends who are reluctantly supporting their party’s presumptive nominee is that he at least might just appoint more acceptable Supreme Court Justices than the Democrats’ presumptive nominee, which was bolstered somewhat by his announcement this week of a slate of impeccably conservatives judges he might consider, and there was already no denying that anyone his likely opponent might point would be quite certainly just downright awful. The argument is therefore somewhat persuasive, therefore, but still not at all reassuring.
There’s something unsettling to our hide-bound conservatives souls that the Republican Party’s presumptive nominee would even feel obliged to offer reassurances that he might consider an impeccably conservative jurist for the Supreme Court, for one thing. Past Republican nominees have always been assumed to be conservative in their picks, even if their track records of making correct choices has been inconsistent at least far back as the usually reliable President Dwight Eisenhower’s pick of the infamously crazy-libera-if-lifelong Republican Chief Justice Earl Warren, with all of sorts of disastrously squishy moderates being picked by Republicans since then, but in every case we could at least console ourselves with a certainty that a Democratic pick would have been even worse. In this crazy election cycle, though, the presumptive Republican presidential nominee had good reason to be reassuring his party’s more hide-bound base that he’s still likely to be at least somewhat better than the Democrat’s presumptive nominee.
Earlier in this ever-shifting race he had suggested that his partial-birth-abortion-loving federal judge of a sister would be a “wonderful” pick for the Supreme Court, and during a Republican debate had defended her by saying that “Judge Alito” had “signed on to the same bill” that she had about the issue, even though they’re called Justices on the Supreme Court and they don’t sign bills, and his concurrence with Trump’s sister was on a minor point and in no way endorsed her partial-birth-abortion enthusiasm, which is such a complicated bunch of nonsense that even a successful Supreme Court litigant such as vanquished rival Texas Sen. Ted Cruz could not explain it to a gullible public. He also told once of his constant interviewers that he’s want to appoint Supreme Court nominees who would vigorously investigate the presumptive Democratic nominee’s highly dubious e-mail practices, which we still hope are already being investigated by all the authorities that are actually legally charged which such duties, and on many other occasions he’s exhibited a similar unfamiliarity with what Supreme Court Justices are properly called and what they actually do.
There’s also the matter of the presumptive Republican presidential nominees’ many other statements about the Constitution that our hide-bound Republican souls find troubling. For obvious reasons we are First Amendment purists, and his past widely-applauded boasts that his media critics will have “problems, such problems” once he re-writes the libel laws makes us doubt his commitment to the First Amendment, and his fealty to the Second Amendment seems quite newfound and malleable, and his praise of the “wonderful” Kelo decision that allows rich folks such as himself to gain eminent domain over some less well-heeled losers’ property rights raises serious doubts about his commitment to the Fifth Amendment, and it’s hard to imagine this crazy cycle’s presumptive Republican nominee nominating anyone who might restrain his own executive powers.
Given the presumptive Republican nominee’s long track of disregarding marriage vows and contractual agreements and basic standards of decency and any statements have e made just the other day, we also wonder how very committed he his to considering anyone on the list of potential candidates he has just announced. The list seems cribbed from the usually reliable Heritage Foundation and a radio talk show he’d previously mocked for his lower-than-“The Apprentice”-ratings, and if any of the “best people” that the presumptive Republican nominee promises he’ll hire had looked into it they’ll notice that one of those potential appointees has been constantly mocking him on “Twitter,” and we can’t shake a certain suspicion that it’s all as negotiable as anything else has been in the presumptive Republican nominee’s life.
Our reluctantly supportive Republican friends have been touting that list of “possible” Supreme Court nominees the same way they touted his impeccably conservative tax plan, which called for a cut in the top tax rates, and just as they try to explain the self-described-billionaire-who-won’t-release-his-tax-returns sudden shift to calling for a soak-the-rich system that the self-described socialist and seemingly vanquished Democrat Sen. Bernie Sanders is calling for, and in this crazy election cycle it is plausible, but not at all reassuring. The argument that the presumptive Democratic nominee is worse yet is still somewhat persuasive, but even to our most reluctantly friends who are supporting the presumptive Republican nominee it  cannot be at all reassuring. If there’s the slightest chance that something better might prevail, no matter how imperfect, we’ll be looking for it.

— Bud Norman

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One response

  1. It seems as if Bud may have had a “road to Damascus” moment – albeit with somewhat less effect. I don’t expect the list of potential Supremes to convince everybody. In fact, reading the WSJournal I find the following:

    ” Some Nevertrumpkins will never be happy, as RedState’s Leon Wolfe demonstrates in a post titled “Trump’s SCOTUS List Is Meaningless Because the Word of a Pathological Liar Is Worthless”

    There’s no pleasing some people.

    But Trump’s move is a smart one because he’s not a movement conservative. But then, Washington, Jefferson, Madison, Franklin and the rest of the founding pantheon were not subscribers to National Review or members of the Federalist Society so they would be eyed by suspicion by the likes of Mr. Wolfe.

    In fact, I view Trump as largely a-political. Some of the issues that animate Conservatives will not find a champion in Trump. However, that’s one of his strengths this election cycle. And that’s the reason he’s being attacked by Hillary! surrogates as a womanizing hedonist rather than an ideological terrorist. An attack, I may add that simply adds to Trump’s allure for many people.

    And as to the issue of whether there is an alternative to either Trump or Hillary! let me put that zombie out of its misery. No, there’s not; no matter how loudly the Nevertrumpkins scream for a third party. Having seen the Libertarian ticket on TV last night the old joke cam to mind about the bland leading the bland.

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