The One Question Any SC Nominee Should Be Asked

I’ve often discoursed on this:

What’s something you think is a good idea but you think is unconstitutional? Or, conversely, what’s something you think is a bad idea but you think is constitutional?

Everyone concerned with the Constitution — and most especially Supreme Court nominees — should be asked this question. And if they don’t have an answer — that is, if they think everything they like is constitutional — then maybe they don’t really believe in the Constitution.

Too many think that the purpose of SCOTUS and the judiciary in general is to give them results they like, as opposed to results conforming with the law and the Constitution. Elena Kagan failed this question in her confirmation hearings, when she said a law mandating the eating of broccoli would be a bad idea, but Constitutional. She got it exactly backwards.

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