The Jury Talks Back


Ben Sasse Provides A Much Needed Palate Cleanser

Filed under: Uncategorized — Dana @ 1:19 pm

[guest post by Dana]

This seemed to aptly sum up the political circus that was the first day of Judge Brett Kavanagh’s confirmation hearing:



Anyway, a truly good thing to come out of the hearing was Ben Sasse’s wonderful civics lesson as he covered the role of the judiciary, the correct allocation of authority in the three branches of the federal government, the need for limited government, the place of Congress and the “alphabet soup bureaucracies”. Watch the whole thing:

Best line from Sasse, who points to where the ultimate failure rests as he dissects a system that is “wildly out of whack”:

“At the end of the day, a lot of the pow­er del­e­ga­tion that hap­pens from this branch is be­cause Congress has de­cid­ed to self-neu­ter”


Congress is set up to be the most po­lit­i­cal branch. “This is sup­posed to be the in­sti­tu­tion dedi­cat­ed to po­lit­i­cal fights,” Sasse said.
But in the name of politics, lawmakers have de­cid­ed to keep their jobs rath­er than take tough votes. “Most people here want their jobs more than they re­al­ly want to do legis­la­tive work, and so they punt their legis­la­tive work to the next branch,” Sasse said.

Be­cause Congress of­ten lets the ex­ec­u­tive branch write rules, and Americans aren’t sure who in the gov­ern­ment bureauc­ra­cy to talk to, that leaves Americans with no oth­er place than the courts to turn to ex­press their frus­tra­tion with poli­cies. And the Su­preme Court, with its nine vis­i­ble mem­bers, is a con­veni­ent out­let. Sasse: “This trans­fer of pow­er means people yearn for a place where politics can be done, and when we don’t do a lot of big po­lit­i­cal debate here, people trans­fer it to the Su­preme Court. And that’s why the Su­preme Court is in­creas­ing­ly a sub­sti­tute po­lit­i­cal battle­ground for America.”

Sasse’s final point is one you can prob­a­bly guess is com­ing by now: That this proc­ess needs to change. If Congress did more legis­lat­ing, these Su­preme Court nom­i­na­tion bat­tles would get less po­lit­i­cal, he ar­gues: “If we see lots and lots of pro­tests in front of the Su­preme Court, that’s a pret­ty good ba­rom­e­ter of the fact that our re­pub­lic isn’t heal­thy. They shouldn’t be pro­test­ing in front of the Su­preme Court, they should be pro­test­ing in front of this body.”

After the hearing, Sasse made these observations:

Tuesday’s hearing shows that both Republicans and Democrats seem to view the Supreme Court as completely partisan.

I do think that the left started this fight, but I think both of these parties are really, really, lame in teaching basic civics to our kids right now.

Also, I’m posting this video as a second palate cleanser because at the end of the day, in spite of the political freakshow parading itself before us, love – true love – really does win. And it is simply the best:


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