Diary

Democrats, Congress and “The Midnight Judges”

In the face of the coming November elections, many issues are confronting us, as well as their possible implications. They will become obvious the closer we get to that day. On the Republican side of the isle, we have the prospects of a feckless Republican leadership that still does not “get it”. You can reference the posts out the new version of the “Contract with America” that resembles more a convoluted mess of meaningless words. However, there is another problem that confronts us as well. Everyone wants to know what the Democrats will do to blunt Republican control of Congress. The lame duck session will have enormous implications.

In 1801, John Adams, a Federalist, was a lame duck President. Thomas Jefferson, the Democratic-Republican President Elect was waiting to take office. In an effort to blunt what Thomas Jefferson may do as President, Congress passed the “Judiciary Act of 1801” and John Adams signed into law. John Adams then set to appointing new judges to fill the new positions created. Obviously, all these appointments were Federalists. These new judges were known as the “Midnight Judges” because it was said that Adams was signing appointments at midnight, the night before Jefferson’s inauguration.

What may not be known to the layman is that this is what led to the infamous Marbury vs Madison Supreme Court case. Mr. Marbury was one of three individuals appointed the day before Jefferson was inaugurated.

We already have a clause in the health care law that prohibits its repeal accept by a super majority of a two thirds vote. This is an attempt to prevent what is known to be a certain attempt to repeal or dismantle the legislation. The question remains, what else they will try to do to blunt Republican efforts to undo the damage of the last two years. However, another question is what will establishment Republicans do to blunt it as well?

What really bothers me is that we are fighting ruling class establishment Republicans and Democrats equally. This next election needs to send a shock wave that will scare them enough to roll over, at least for awhile, but we need them to resurface again so that we can “primary” them in the 2012 election. The authors of the “Contract with America II” need to be identified and targeted because they obviously don’t get it. Senators like Corker, KBH, and Orin Hatch come to mind right away. Another set of Congress critters that jump out at me is Jerry Lewis and his RINO ilk on the Appropriations Committee. A better list is found by going to “The Republican Main Street Partnership” web page. This is the Republican group formed in 1994 to “combat conservatism and reach across the aisle in bipartisanship with the Democrats”. This is a good starting place.

The primary focus is on the November elections but do not become single minded and lose focus on the other outstanding issues. There is still a lot more to do.