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View Diary: President Obama Has NOT Broken His Promise re Signing Statements (23 comments)

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  •  The problem is in how to resolve constitutional (0+ / 0-)

    disputes. One side or other will be wrong. Unfortunately no one wants to man up (person up?) and bring a case in these situations, and the situation has been like this since the earliest days of the republic.

    Perhaps folks would be more satisfied if all newly passed laws went to the Supreme Court for review, but this might cause other unforeseen problems. For instance, would you really want all new federal statues to come on the books having the final seal of approval from the Supreme Court? Untested by reality, the crisis of the day would land sizzling on the court, and maybe they are influenced by the controversy or maybe they just flat out miss something, and suddenly it's really hard to challenge a law by injunction or bring an appeal because of the official sanction of the Supreme Court.

    This is a country defined by and for messiness, and that is what has saved our ass for so many years. Imagine if final decisions and lines of authority were settled in a rigid, linear fashion. It sounds great from the front of the timeline, but the integrity of such a system lies in its supposed rational infallibility. After infallibility is destroyed by circumstance, all you have is rationalized rigidity, tyranny, and collapse.

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