11.4.05

LINK: Brendan points out, and I think quite rightly, that there's been some slippage in the conservative message regarding separation of powers. Long before I was myself a conservative, I was of the opinion that the Supreme Court has probably arrogated to itself far more of the legislative power than it ought, and I'm certainly supportive of various attempts to remedy that problem (the most obivous answer to me seems to be more legislation on the relevant questions, and a light use of Congress' ability to determine jurisdiction and scope of federal courts (Article III, Section ii)). But, well, I think that in pretty much any imaginable situation, appovingly quoting Stalin = good sign you need to rethink your argument. The current rhetorical flare-up is wrong for all of the obvious reasons.

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