What next? Does it matter?

I've been trying to decide what to think about the death of Chief Justice William Rehnquist Saturday night. It's now up to The Emperor to designate a second new justice and, of course, a new chief justice.

In recent weeks, of course, I've been tied up in wondering what difference it makes, if at all. The "liberal" justices handed us the eminent domain ruling, which confirms that you have the right to your private property only unless and until the government finds someone who can make better use of it. The "conservative" justices handed us a pile of stuff like the McCain-Feingold First Amendment Repeal Act. Seems like we're damned no matter who gets appointed.

In matters Constitutional, U.S. Rep. Ron Paul remains my guiding light. He put it all in perspective a couple of weeks ago when he wrote about the nomination of Judge John Roberts:

"It’s sad that so many Americans see their freedoms as dependent on a single Supreme Court justice. Federal judges were never meant to wield the tremendous power that they do in modern America. Our Founders would find it inconceivable that a handful of unelected, unaccountable federal judges can decide social policy for the entire nation ... [T]he Supreme Court is not supreme over the other branches of government; it is supreme only over lower federal courts. If Americans wish to be free of judicial tyranny, they must at least develop basic knowledge of the judicial role in our republican government. The present state of affairs is a direct result of our collective ignorance."

What next? In a perfect world Congress would take back the power it has ceded over the years to the president and the Supreme Court, and we would have a government closer to that envisioned by the Founders, who saw these three branches checking each other's powers so that none gets out of line. Given the powers seized from the states and citizens by all three branches over the years, that is not exactly a solution to what ails us, either. But it might be a start. Might be ... if a majority of the Gang of 535 had even a fraction of Paul's respect for the Constitution.