More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Rev. Chuck Currie

GET UPDATES FROM Rev. Chuck Currie
 

Gingrich, the Courts and a Lesson From 1930s Germany

Posted: 12/19/11 12:30 PM ET

Newt Gingrich might not be the GOP nominee for president -- though who knows in this out of the ordinary nominating contest? -- but his recent comments about federal courts deserve further consideration because those views have strong support in conservative circles and have for years.

As the former House Speaker has noted, he does not believe that U.S. presidents are bound by federal court decisions they dislike. On the campaign trail he's talked about impeaching judges whose decisions he disagrees with, and he's even advocated abolishing or defunding courts to stop their work.

The LA Times reports:

In recent weeks, the Republican presidential contender has been telling conservative audiences he is determined to expose the myth of "judicial supremacy" and restrain judges to a more limited role in American government. "The courts have become grotesquely dictatorial and far too powerful," he said in Thursday's Iowa debate.

Talk of impeaching judges and abolishing courts isn't new. Gingrich argues there is historical precedence for his views in statements made by Thomas Jefferson and Abraham Lincoln. But those analogies don't hold water.

During the presidency of George W. Bush, as then-President Bush sent increasingly conservative nominees to the U.S. Senate for consideration and debate, religious conservatives in the United States, including James Dobson of the Focus on the Family, sponsored "Justice Sunday" events to rally support for the Bush nominations.

At those rallies, speakers routinely called for courts to be abolished and judges removed not for malfeasance but for political reasons. The religious right was upset the courts had extended rights to women to make their own health care decisions and extended civil rights protections to gays and lesbians, for example. Today, these same conservatives are fuming that the U.S. Department of Justice is promising to use the Civil Rights Act to enforce voting rights and other measures to protect immigrants.

At the time, the editors of The Christian Century noted in a 2005 editorial:

After listening to James Dobson and his evangelical Christian colleagues talk about controlling the federal judiciary through the Republican majority in Congress -- to the extent of punishing judges and defunding courts -- one can't help recalling the events in 1930s Germany. The National Socialists removed judges who didn't go along with the party program. Law became what they party said it would.

Voices like Gingrich and Dobson articulate a vision of America that would damage our democracy and undermine basic freedoms, including religious liberty. "Silence in the face of evil is itself evil: God will not hold us guiltless. Not to speak is to speak. Not to act is to act," said the German pastor Dietrich Bonhoeffer who left his teaching position at New York City's Union Theological Seminary to oppose the Nazi regime in his homeland that would ultimately put him to death.

All people of faith -- all Americans, regardless of faith -- must speak out to defend the institutions that keep us free in this election and in those that follow. We cannot allow our courts, civil rights, religious liberties or basic freedoms to be sacrificed. This is not a partisan political issue -- some Republicans disagree with Gingrich and too many democrats fail to champion civil liberties (though no prominent ones have endorsed Gingrich's radical views) -- but a moral one that will define us as a people for generations to come.

 

Follow Rev. Chuck Currie on Twitter: www.twitter.com/RevChuckCurrie

 
 
  • Comments
  • 25
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
This user has chosen to opt out of the Badges program
photo
07:46 AM on 12/20/2011
Thank you Reverend Currie, for speaking out against a dangerous fringe that would destroy the principles expressed in the Declaration of Independence and the U.S. Constitution. Our nation was founded upon the premise that all of us are created equal, that we are endowed by our Creator with certain unalienable rights. The Judicial Branch was created specifically to protect those
unalienable rights, to provide a check on the other two Branches.

What Gingrich and the extreme "right-wing" propose is to overturn not just the Judiciary, they
seek the power to determine and revoke unalienable rights granted our Creator. They view the
Constitution as an obstacle to their personal political objectives and they possess the ego
to rule as the Almighty. But mortal men make poor gods.

This GOP fringe is neither "Conservative" nor Christian, IMHO.
02:46 AM on 12/20/2011
Newt also comments on, Propaganda and Popular Enlightenment Strategy as a Means towards an Ends. Scary Stuff from History's Rollin Stock of Knowledge, Chaptre$Verse€.
05:12 PM on 12/19/2011
Newt's pandering, unsound and extremely wrong-headed idea indeed reminds one of the worst perversions of justice during the Nazi era in Germany. When civil protections are removed under the false guise of "legtality", troubles come around and the erosion of rights for some gradually becomes deprivation of rights for all. As it is, the "press" is increasingly monopolized and timid and cannot alone withstand this type of assault. Don't follow this very bad idea off the cliff of no return- Newt's "idea" belongs on the garbage heap. We need an independent judiciary to protect everyone . It is the foundation of our republic, it is the guarantor of freedoms we cannot afford to compromise or lose out of fear that the courts would be defunded. Please, Newt, tell us you were just thinking out loud to yourself and on second thought, its not such a good idea.
photo
Felix99
Born to be mild!!!!
05:51 PM on 12/19/2011
Your comment about "civil protections are removed under the false guise of "legtality" is interesting because under our current laws Americans can be murdered by their government without trial, and held in indefinite detention by their government without trial. So, you needn't look back at all to see the reduction of civil rights. Sad as it is.
05:00 PM on 12/19/2011
I agree that Gingrich's analogy breaks down, and fear for the impact of his at-any-cost campaigning. The implications of his threats would be horrifying. Here is an excerpt of my firm's blog on the subject:

"His message: we need to destroy that [judicial] independence. Haul them up for hearings before Congress, fire them, (how bout “tar and feather them,” sure that works and if need be throw them in their own secular jails). This makes Roosevelt’s court-packing plan seem almost pedestrian in contrast. And if Congress won’t play ball, well… throw them in jail too."

Read more at thecorporateobserver.com
04:59 PM on 12/19/2011
And when finally Gingrich came for himself, there was no one left to speak up...
This user has chosen to opt out of the Badges program
DiogenesOfAlaska
Mitt Romney for president - of the Cayman islands!
04:06 PM on 12/19/2011
I don't understand. Newt Gingrich finds judges too political and too activist but wants the POTUS to have the right to hire and fire judges at will?

How is that NOT a political and activist thing to do for a POTUS?

Or is it any different if Newt Gingrich does these things while being POTUS?

The short answer is: Newt Gingrich wants to be the leader of the free world ... of hypocrites.

He might be approaching the moment when the free world tells him that it doesn't conceive of itself as hypocritical.
photo
MNKen
Eschew Obfuscation
02:30 PM on 12/19/2011
Newt, let's try out your idea. We can do this immediately and see if you think it is successful. Pull Thomas, Scalia, Roberts and Alito off the Supreme Court right now. Ok? That better? I think so.

Thanks Newt. Carry on.
photo
HUFFPOST SUPER USER
Michael Kenney
02:22 PM on 12/19/2011
This is extreme, even for Gingrich. You have to wonder whether even he believes this, or whether this is another chance to bloviate on an issue he knows will stir the hearts of the radical, fundamentalist right. Ideological rigidity creates this kind of thinking that loses sight of larger principles, and sacrifices them for the sake of hollow ideological victories. He's a scary man.
02:19 PM on 12/19/2011
Ya think that voices like gingrich and dobson might have a real "thing", even a hard thing, for authority, control, spiritual arrogance, moral hypocrisy, and self-aggrandizement-as-God's-best buddy?

Wouldn't want those pesky courts to get in the way of that, nor the fulfillment of "The Handmaid's Tale"
This user has chosen to opt out of the Badges program
gutenmorgen
a.k.a. poopdeck
01:49 PM on 12/19/2011
Leroy-Newt and his followers obviously demand that Federal Judges must first try to get somehow in touch with Jesus before making any ruling. One method to find out is by asking your cardinal, bishop, or minister what Jesus would do. And FGS do not ever ask an Islamic clergyman what Mohamed would do.
photo
HUFFPOST SUPER USER
Dawn Lowrey
A Progressive stuck in BOP Hell
11:39 PM on 12/19/2011
So Newt wants the rest of the nation to become like Utah where the state leaders wait on church leaders to tell them how to vote on every issue?
HUFFPOST SUPER USER
tin soldier
No more Mr. nice guy
01:20 PM on 12/19/2011
Obama does'nt abide by court rulings, the court ruled his moritorium on the gulf oil rigs to be lifted, did he do it? NO
photo
HUFFPOST SUPER USER
PhoenixLady
02:07 PM on 12/19/2011
I suppose you are referring to one other than this?....
http://content.usatoday.com/communities/theoval/post/2010/10/obama-aide-oil-drilling-moratorium-may-end-very-soon/1
photo
HUFFPOST SUPER USER
Kathy Levittown
I love kittys better than I like most people!
02:50 PM on 12/19/2011
Prove it..provide a link...He didnt disobey the court....
HUFFPOST SUPER USER
tin soldier
No more Mr. nice guy
03:20 PM on 12/19/2011
Ok gulf oil moritoriun started April 2010 scheduled to end Nov 2010. Interior Secretary Ken Salazar (Obama appointee) implemented another moritoriun not scheduled to expire for 7 years Novenmer 2017.
Just google--- House votes to lift drilling moritorium.
07:38 PM on 12/19/2011
He certainly did disobey. You didn't look it up. Try this:

http://www.bloomberg.com/news/2011-02-03/u-s-administration-in-contempt-over-gulf-drill-ban-judge-rules.html

U.S. in Contempt Over Gulf Drill Ban, Judge Rules (Feb 3, 2011)

The Obama Administration acted in contempt by continuing its deepwater-drilling moratorium after the policy was struck down, a New Orleans judge ruled.

Interior Department regulators acted with “determined disregard” by lifting and reinstituting a series of policy changes that restricted offshore drilling, following the worst offshore oil spill in U.S. history, U.S. District Judge, Martin Feldman of New Orleans ruled yesterday.

“Each step the government took following the court’s imposition of a preliminary injunction showcases its defiance,” Feldman said in the ruling.

“Such dismissive conduct, viewed in tandem with the re-imposition of a second blanket and substantively identical moratorium, and in light of the national importance of this case, provide this court with clear and convincing evidence of the government’s contempt,” Feldman said.