Wednesday, March 26, 2008

George Will

has a piece on Judicial remuneration. The last portion discusses much more than just "you get what you pay for":

"Upon what meat hath our judiciary fed in growing so great? The meat of modern liberalism, the animating doctrine of the regulatory and redistributionist state. Courts have been pulled where politics, emancipated from constitutional constraints, has taken the law — into every facet of life.


In the 1930s, the Supreme Court, coming to terms with New Deal politics, put aside the idea that the Constitution created a federal government of limited, because enumerated, powers. As politics permeated economic and other spheres of life hitherto ordered by private arrangements, the judiciary was drawn into the ordering of life under metastasizing laws. There is no longer any living memory of life before the federal government slipped the leash of constitutional limits on its scope of action and stopped acknowledging any practical limits to its competence. Since the New Deal, under the Great Society expansion of the political sphere, the trend intensified. As James Q. Wilson has written, New Deal liberalism was concerned only — only! — with who got what, when, where and how; liberalism in Lyndon Johnson's hands became concerned with who thinks what, who acts when, who lives where and who feels how. Conservatives regret this development but must come to terms with its imperatives, one of which is:


The enlargement of the judiciary's role by the regulatory state requires compensation of the judiciary commensurate with its ever-expanding importance. That importance, although regrettable, is a fact, and so is this: You get the quality — and the perspective — you pay for.
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