[Submitted to New York Times 04/25/2005]
Open letter to all United States Senators, Members of Congress and American citizens:
Recently House Majority Leader Tom Delay threatened the judiciary. Senate Majority Leader Bill Frist is trying to "nuke" the filibuster to make it easier to confirm Bush's nominees. Radical right religious groups allied with Republican leaders are plotting to simply not provide funding to courts whose opinions they dislike.
On Sunday, Bill Frist helped clarify the fault lines in his own plans when he said, "Our judiciary must be independent, impartial and fair." But none of the actions by Frist, Delay and the religious right Republicans are aimed at ensuring an "independent, impartial and fair" judiciary, they are aimed at at controlling the judiciary.
As a citizen, I care a lot about an impartial judiciary, but only care about the nominations process if it interferes with the first part. These Republican actions are specifically interfering with an impartial judiciary. This is creating a constitutional crisis -- not only between branches of government (independence of the judiciary from the congress and White House) but as importantly between Congress and We the People.
Instead, In the national debate over the federal judicial nominations confirmation process, I urge us all to move beyond representing their party and to represent the greatest values embodied in our Constitution which opens with this stirring introduction:
We the People of the United States, in Order to
form a more perfect Union,
establish Justice,
insure domestic Tranquillity,
provide for the common Defense,
promote the general Welfare,
and secure the Blessings of Liberty to ourselves and our Posterity,
do ordain and establish this Constitution for the United States of America.
Senators, Members of Congress and all Americans, let's step back and think like a framer of the Constitution, because the goals of our Constitution should be our focus, not parliamentary manipulations. Represent not a party but rather all Americans and reflect on:
- What American values are at stake with judicial nominations?
- What should be the American way to invest judges with the responsibility to serve "We the People of the United States" for the rest of their lives?
Americans do not want a confirmation process that perpetuates and increases divisiveness by fighting to the point of "nuclear war" to get every nominee approved, but rather a process that helps insure our Domestic Tranquility through broad-based trust in how we Establish Justice for all.
After all, the vast majority of Americans simply want a judiciary that the vast majority of Americans think is unbiased.
Not judges most strongly identified with a label of right or left, conservative or liberal, Democrat or Republican. Not judges faithful to one president or another's agenda, but faithful to the values that gave birth to our extraordinary Constitution. Our Constitution that created a government with responsibility to serve our common desire for a government of and for all its diverse citizens.
So please step back and personally embody the values expressed by our Constitution by joining together to support a constitutional amendment that would require a 2/3 affirmative vote for judges so that We the People know that the vast majority of us are represented as agreeing to the confirmation of each person who will sit in judgment during a lifetime of shifting political winds.
On behalf of American citizens everywhere, put aside the filibuster fight, the threat to "defund" courts you don't like, and threats to judges acting in good faith, and launch the constitutional amendment now.
With this amendment, we can make our generation's contribution to securing "the Blessings of Liberty to ourselves and our Posterity".
Will Neuhauser
Citizen