Some Encouraging News For Fans of the Separation of Powers
According to this CNN poll, “Sixty-seven percent of 1,013 people surveyed by Opinion Research Corp. on behalf of CNN said federal judges — and the decisions they make — should not be subject to more control.” Yay, Americans! You’re getting your sanity back! It does seem like the phrase “activist judges” and much of the demogogic, unconstitutional rabble-rousing that accompanied it has lost some of its savor recently; likewise, I don’t think the folks who have been planning to use the recent ruling in New Jersey to pump some life into the phrase are finding it particularly useful at this point in time. I am naturally delighted about this.
Leaving aside the on-the-ground red v. blue politics at the moment, I’ll tell you honestly that one of the more heartening things about this political cycle is the felling that I get that people of most political stripes are backing away from the precipice. This is to say they’re taking a good look at Constitutional structures like separation of powers and seeing them as features, rather than as bugs, which is how they’ve been generally labeled over the last few years.
This feeling is entirely anecdotal; I have no proof of it, and what proof we’ll get of it will take time to arrive. But let’s say I’m cautiously optimistic. I feel like someone with a flooded house, who notices that the water level is two inches off the high water mark and sees blue sky out the window. I’ll worry about the flood damage later; just the hopeful thought that the water is coming down is enough for now.