Much is being made of President’ Obama’s Supreme Court nominee Elena Kagan. Why would the President pick someone like this; no judicial background, has argued case very few case, most notably Citizens United v, Federal Election Commission, and really no paper trail allowing people to get an idea as to what type of justice she would be? The answer can be found in the Citizens United case.
President Obama has criticized the Supreme Court for their ruling in this case. He saw it as the Court overturning not only the will of the people (which is debatable in this case) but also the will of Congress. Pretty amazing statement if you think about it and if you have any knowledge as to how the three branches of government are suppose to function.
The Supreme Court should not be looking at the “will” of anyone, especially Congress, to decide if a law is constitutional or not. Their main job is to look at the law, look at the Constitution, and decide if the two mesh together. If they do, the law is considered to have passed constitutional muster. Otherwise the law is struck done as being unconstitutional. Little more complicated then this, but in a nutshell this is how things are suppose to work.
Obama in this case wants Justices that will kowtow to a Congress currently being ran by Democrats and an agenda being pushed by a liberal President. Much like Franklin Roosevelt wanted with his attempt to pack the court. The downside of this is that the Constitution, the document dictates how our form of government should function, becomes meaningless.
President Obama and people like him want the supreme power of deciding what laws are right or wrong to reside in the other branches of government with the Supreme Court rubber stamping their approval. This is why Obama wants Kagan on the Supreme Court, she’ll be exacting the type of Justice that ignores the Constitution and will decide cases on what she thinks is best, not what is right.