Monday, July 2, 2012

The Arbitrator Defers

The Supreme Court decision on the national insurance bill will remain a source of papers and discussion for years but one of the undercurrents seems to be that Roberts wants to decrease the influence of the Court, feeling it is an  entity further away from the will of the people than the elected representatives.

If true, he personifies that distance. The ebb and flow of governmental power in this nation is constant but actually occurs among a minority in the population. Most people are not hard constitutionalists or hard progressive governmental activists. Most people are more passive in their politics and more victims of the debate than participants. They need protected; they need a referee. That's what the Court is supposed
to be.

A referee can not be above it all. Nor, if the inkling some are getting over the historical "Commerce Clause" discussion, can he be afraid.

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