The Supreme Court has a greater problem than Sotomayor

Sotomayor may be confirmed. She probably will be. But the United States has greater problems with the Supreme Court… one is salary.

Although, the founders specifically protected a salary for judges to recruit the best judges to the bench, but current judges are being underpaid. In 2002, Former Chief Justice William Rehnquist believed that an increase in federal judge’s salaries was the most pressing issue. After adjusting for inflation, a Supreme Court Justices, who currently makes $ 203,000 a year, has taken a 24 percent pay cut since 1969. This pay cut and the fact that judges can make four to fives times more in private firms has undermined the quality of judges attracted to judicial positions. In effect, underpay has forced many qualified justices to decline taking positions or leaving the bench. Chief Justice Roberts points out the relevancy of this issue by reporting that “since 1990, 92 judges have left the bench. Fifty- nine of them stepped down to enter the private practices of law.” The American Bar Association declared that denying justices their worth creates fatal weaknesses in the judicial branch. How can the American government expect accurate jurisprudence from the federal bench while unqualified judges serve because the experienced ones are making much more in private practice? Without qualified justices who intend to serve for life as granted in Article III, the judicial system cannot compete as an independent yet accountable branch.

Sotomayor will just replace Souter- a very liberal judge anyway. But if we don’t pay our judges more, we will continue to get cheap quality judges. It won’t cost that much more and it will make a great difference. Maybe we’ll be able to find a judge that interprets the law and not makes or applies it. Those responsibilities are designated for other branches… But that’s another rant.

233 Years and We Haven't Learned a Thing

Less the 3%. Less than 3% sales tax actually. That started a revolution. Our founding fathers revolted over a sales tax that was less than 3%. I understand that a majority of their bickering came from the taxation without representation but overwhelming principle is still the same. Our early leaders hated taxation. Just read the Articles of Confederation we can see that or Ben Franklin’s remark’s on the subject. Although the articles failed mainly due to a lack of taxation on the federal level, they were still skeptical when they wrote no direct tax into the Constitution. A little more than 100 years after the Constitution was signed Americans still resisted direct taxes. In 1896, the Supreme Court overruled a state income tax. However, the 16th Amendment acted like steroids to our federal government. More federal taxes equals a larger federal government.

Now our country is bombarded with a number of taxes: income, estate, death, capital gains, death, sin, alternative minimum, and soon energy and health insurance. What would our founding fathers think? Jefferson would have called for a revolution a long time ago. And I believe most would start to jump on his band wagon.

Although a complete revolution may be too much to ask, I propose the FairTax. A tax revolution that would… well, revolutionize our country. It would put a damper on the federal government and bring the responsibility the founders intended. We need the FairTax and we need it now. www.fairtax.org