The Court Battle Everyone Wanted: Bush Picks Solid Conservative - Samuel Alito
By: Steve Yuhas

New York - When President Bush announced the nomination of Samuel Alito, a rock solid conservative, to replace retiring Supreme Court Justice Sandra Day O'Connor on Monday liberals knew what Republicans felt like when it was announced a few weeks ago that Harriet Miers would be the nominee. The reaction from liberal interest groups was swift and the notion of a battle for the bench became as real as fall colors in New England.

Samuel Alito is a solid conservative pick for a Supreme Court that was becoming a super legislature and in his remarks accepting the nomination Alito told America that he understood that it was the role of the Supreme Court, indeed any court, to interpret the Constitution; not to make law. Well, when you're entire agenda is rebuked by the American people in election after election and you have no where else to turn, but the courts to impose your view of what mainstream America is, it is obvious why the feathers of so many liberals were ruffled when the announcement was made.

The fact is, and without going into a freshman political science class, the Founding Fathers intentionally made the legislative branch of government the most powerful because it was the branch selected by the people to make law. One need only look at the power of the legislature: the power to declare war, the ability to tax and spend the people's money and the ability not only to override a veto by the President, but to advise and consent to important appointments. If the Founders intended a super-

legislature for the Supreme Court they would not have limited their powers so dramatically and allowed for their seating only with the consent of the governed.

It is remarkable, therefore, that Senators who would oppose any judicial nominee that President Bush made would become apoplectic when it comes to the idea that the legislature is the most powerful branch of government. No, they cannot write laws that violate the United States Constitution, but over the years more and more legislative issues have come before the Supreme Court and the notion of bowing before it should rock the legislature not encourage it.

With Alito's nomination comes an opportunity for conservatives to get our sometimes muddled message of what we believe the Supreme Court and lower courts should be. They are not the social engineers or the place where one goes if a law cannot be passed in order to give a group what they want - it is the place you appeal to when you believe that your liberty has been put in jeopardy by a statute that places a burden on your freedom that is guaranteed by the Constitution.

Liberals and activists on the left believe the Supreme Court is where you go when you lose elections because voters rejected your ideas at the ballot box and that distinction is an important one because some Americans obviously have a misunderstanding about what the purpose of the Supreme Court is. It is not a court that requires "balance" or "moderation" (as Democrats tell us) and it is certainly not a court that has a permanent swing seat positioned and destined forever to remain a moderating voice.

It is a court made up of men and women who vote on whether or not the legislature made a mistake - it is not a legislature that decides that since the legislature did not make a mistake it ought to do it for them.

The battle over Judge Alito will be fierce because liberals realize that their last hold out for power and privilege will tilt the way of the country. To liberals precedents only matter when the precedents agree with their ideology: it was precedent that blacks could have separate, but equal schools and sit on the back of the bus - nobody would argue today that racism was good law, but it was law and was constitutional and using modern day Democratic arguments if it was the law of the land for 30 years it would be super-precedent and would remain.

The fight over the Supreme Court is just beginning and as Alito's opinions and writing will be scrutinized by every interest group and he will be confirmed as a Justice on the Supreme Court. The only question remaining is how vicious the battle will be and how much money will be wasted by the left to try to stop the inevitable.

I have an idea, though, since the left is constantly badgering us to give more money to the government through taxes instead of taking out ads against a confirmation that will happen: send the money to the Treasury of the United States and save us from the burden of the tax man.

Better yet - maybe the left should start honoring the promise to move to Canada and buy tickets in bulk for anyone who wants to leave once the Supreme Court moves back to what it is supposed to be: an interpreter of the Constitution and not the place liberals go to give interest groups Christmas gifts throughout the year.

Oh darn, I just used Christmas - but I was inside instead of outside and under the most recent Supreme Court decisions: I should be okay - or not.  Who can remember since precedence doesn't matter to liberals - it is only mandated for conservatives.

Steve Yuhas is a columnist and radio talk show host on KOGO AM 600 based in San Diego.  He may be reached at steve@steveyuhas.com or www.steveyuhas.com