Historical Judicial Controversy – Now It’s Different

What happens to separation of powers and checks and balances when two branches of our government can declare war on the third?

Previous struggles over judges have lead to civil war, the industrial revolution, the New Deal and the Civil Rights movement.  Justice Sunday and Confronting the Judicial War on Faith are the start of the next major struggle. Do we really want ‘civil war’?

Here is what some are saying now:
“… a judiciary run amuck …”
” … stop judicial activism right in its tracks …”
” … legalistic equivalent of marxism …”
” … impeach judges …”
” I’m just in favor of mass impeachments if that is what it takes.”

Here are results from previous conflicts over the judiciary:
1857 – Dread Scott Case
Late 1800s to early 1900s – Conservative courts in the pockets of industrial barons
    ” … judges totally ignorant ..”
1937 – The Great Depression
     New Deal denied 5 to 4, “court packing plan” developed
1960s – One Person – One Vote, Banning school prayer, criminals must be warned of rights
    Impeach Earl Warren

How is this battle different from the past ones
   “Current attack is a new phenomenon ..”
   … open attack on the court system as a whole rather than any one issue …
   “secular left”
    criticism of their own republican appointees – “incredible tension”

Listen to a report on the roots of the current struggle over judges.