Brett Kavanaugh's Supreme Court nomination has been a hot topic in recent weeks as a sexual assault allegation comes to the surface. The situation reached a pivotal point this week with the possibility of the alleged victim testifying under certain conditions.
While the heat was turned up on Kavanaugh, the nation simultaneously recognized and celebrated Constitution Week.
"The Constitution is the supreme law of the land and the Constitution states that fact, however the U.S. Supreme Court has the ultimate responsibility of interpreting that document and applying it to the present day," said Dr. Douglas Young, a political science professor at the University of North Georgia - Gainesville. "As my father told many a class of his at the University of Georgia, it ultimately means what five old justices say it does, so that's why it's critically important that we have a good group of justices who are committed to faithfully interpreting and adhering to the U.S. Constitution."
Despite the correlation between the two entities, Young said the Constitution doesn't actually say anything specifically about a Supreme Court. "I'm not even sure all the founding fathers were committed to judicial review - the notion that the courts, the judicial branch of government, should have the right or the duty to review the actions of the legislative and executive branches of government," said Young. "The term judicial review is nowhere in the U.S. Constitution, and it really wasn't until 1803 in the legendary case Marbury v. Madison, led by Chief Justice John Marshall, the U.S. Supreme Court struck down part of an act of Congress as unconstitutional and really established the principle of judicial review."
Young said the stakes really couldn't be any higher when it comes to Brett Kavanaugh's nomination.
"People on both sides of the aisle know what's at stake, particularly since Judge Kavanaugh, if he is confirmed to the court, will replace the pivotal justice on the court, Justice Anthony Kennedy, who for years was the swing vote. We have four pretty solid conservative justices and four pretty solid liberal justices. Justice Kennedy was the most powerful justice because on virtually all of the controversial 5-4 rulings on the court, he sided with the majority, whichever side he voted with won."
Dr. Young said hoped everyone watching the Supreme Court nomination process would take interest and read the U.S. Constitution.
Listen to the full interview with Dr. Young by clicking the play button above.
