Rodney K. Smith, who is a teacher at Thomas Jefferson School of Law and a good friend of mine, wrote an article for the Deseret Newspaper to explain how Newt Gingrich's whitepaper will undermine the rule of law in America:
In that whitepaper, Gingrich declares, "A Gingrich administration will use any appropriate executive branch powers by itself and acting in coordination with the legislative branch to check and balance any Supreme Court decision it believes to be fundamentally unconstitutional and to rein in federal judge(s)."And, if necessary, Gingrich would direct the United States Marshal's Office to bring judges with whom he disagrees before Congress to explain their decisions.If such expressions of displeasure with judges were unsuccessful, then the Gingrich administration would turn to more draconian methods to impose its constitutional will on recalcitrant judges. The Gingrich administration would "abolish judgeships," "eliminate funding of the courts to carry out specific decisions or a class of decisions," "limit the general application of a judicial decision" or, if all that failed, simply "ignor(e) a judicial decision."
Legal conservatives, such as myself, cannot support Newt Gingrich because he will erase the checks and balances that keeps our nation free. Once the delicate checks and balances are removed by a president who has no respect for limits of his power, it makes it easier for future presidents to further erode the structure of our government and rise to greater heights of abuse of presidential power:
If the executive branch uses its enormous store of power to impose its "constitutional" will and ignore court decisions, the rule of law will be eviscerated. Even if Gingrich exercises this extreme power wisely, he must understand that his successor may not. He will have put in place a grandiose plan that permits a president, at his whim, to deprive the American people of life and liberty.
Conservatives are rightly outraged at the current abuses of presidential power in the White House. However, Newt Gingrich's vision for the judiciary is far dangerous to our country than anything Obama has done in office because its a direct threat on the Constitution. It strikes at the very core and foundation of our nation since our country is predicated on the dedication and respect for the rule of law.
Conservatives are rightly concerned about activist judges, unconstitutional judicial decisions and the abuse of judicial powers. However, Newt's solution will not fix the problem but will contribute to the further imbalances of power among the three branches of our government.
Legal Conservatives should rally around Mitt Romney because his solution to the problems in our judicial system is to appoint as many conservative judges who respect the rule of law and are strict constructionists. Mitt has an excellent record that legal conservatives can be proud of. As a result, Mitt Romney is the candidate legal conservatives want in the White House in 2012.