tions” of the Senate over Professor Bork’s nomination — is ancircus of political factionalism. The decisions on the SupremenCourt are now being made by the collusion ofnspecial-interest groups and politicians frothing at the microphonesnfor the sake of votes. The political factionalism innsome instances is so rank and so obvious that some of thenpoliticians have literally dashed from mob rallies and massmedianpresentations to their judicial committee hearingsnand back again, all in the same day.nToday it is not we the people in the streets who constitutena faction-ridden mob. The vast majority of us have remainedncalm and judicious. The “impassioned mob” thatnthe constitutionalists so feared is now the politicians themselves,ntheir impassioned special interests, and their journalistsnhiding behind a mask of objectivity. Indeed, since mostnof the politicians are themselves lawyers who reject ournwhole constitutional idea of law and judicial decisionmaking,nthey have become a rabid countercultural factionnattacking the very foundation of our legal institutions andnideas.nThere is one simple and obvious way in which we canncheck their unrestrained political factionalism and restore tonour Supreme Court the balance that has been destroyed innthis century. We can elect our Supreme Court justicesndirectly, rather than leave their selection up to the professionalnpoliticians who do not even share our idea of law andnwho lie and riot rather than deliberate honest differences.nThe election of judges is certainly not a panacea, butnneither is it as perilous as proceeding down the path we arennow traveling. For better or worse, law and judges are vastlynmore important to us Americans than they are in any otherndemocracies. We do not have the degree of culturalnconsensus that most of them have evolved over the eons.nWe must have a modicum of consensus on our laws andnlegal proceedings, one that is as sheltered from the whirlwindnof selfish political passions as possible. Our historynmakes it plain that, as Zechariah Chafee Jr. said, thenexpression of popular will has often destroyed freedom. Butnthat same history also makes it clear that over the long runnour popular will is far more protective of our freedoms andnof our institutional bulwarks against tyranny than is the willnof the political mob in Washington. That, after all, is whynthe Founding Fathers launched this perilous experiment innconstitutional, republican democracy; and why ProfessornChafee and almost all other American legal scholars havenseen our will as rightly the ultimate authority.nWe can extricate our Supreme Court judges from thenclash of political passions that now dominates our Senate bynelecting them directiy to their lifetime positions. We can benvery sure, in view of recent events, that they will be givenncareful scrutiny by most of us. We cannot fail to be morenjudicious in our voting than venial senators. These electionsncan be held as the occasion of retirement, incapacity, orndeath demands, which will be less frequent than presidentialnelections and will rarely coincide with such events thatnmight cloud our considerations. The Supreme Court justicesncould in turn choose lower court judges, thus insulatingnthem more from unwholesome political passions and ensuringna vast reservoir of judicial talent for eventual election tonthe highest court. In this way our Supreme Court mightnbecome a Board of Legal Directors providing real checks onnthe power of our Presidents and our legislators.nLaw and justice are too important to leave them up tonpoliticians. However perilous our experiment in democraticnchecks and balances, we now seem to have little recoursenbut to trust to our own eternal vigilance and our arduousnquest for wisdom in selecting leaders of greatest wisdom andnjustice. As Michael Kammen recentiy reminded us, “Althoughnthe founders differed over many important matters,nthey shared a belief that the constitutional system creatednbetween 1787 and 1791 . . . should be fully comprehensiblento the American people.” However able we are atnunderstanding the more technical legal questions of thenConstitution, there can be little doubt that we are morencapable of understanding and appreciating the qualificationsnneeded in judges than the politicians driven by blindnambition, swept away by greed, groveling for fame, andnlusting after power.nGreat Topics, Great Issues!nCatch up on the CHRONICLESnyou’ve missed by orderingnfrom the following collectionnof recent back issues.nTitle Qty.nn Back to Nature Feb. ’88-The Greening of America, Part 11 by Allan C.nCarlson, Mutiny in Paradise or Sexual Freedom/Political Slavery by JohnnChodes and Jigs Gardner examines repentant radicals—conservative” andndoing well. $2.50nD Institutionalized Writing—Are Universities llie Last Stop for NewnLeftists and Burnt-Out Writers? Jan, ’88—Bulgakov—a White Survivor ofnthe Red Terror; plus Handguns in Florida, the Homeless in North Dakota, andnLloyd’s of London’s New Tinkertoy Home. $2.50nD Restoring tiie Constitution—Seizing Power From Judges, Congressmen,nand Otlier Usurpers Dec’ 87—Clyde Wilson asks, “What have they donento our laws?”; Barry Shain on Conservative Commons and Kyle E. McSlarrownon Judicial Editing and Congressional Inaction, plus much more. $2.50nn American Empire Nov.’87—Anthony Harrigan examines “The War Years”;nWilliam R. Hawkins studies iVIilitary History and Erik von Kuehneh-Leddihnnlooks at the “Empire at Europe’s End.” $2.50nn A Latin America Aug. ’87—Wayne Lutton on Crime, AIDS, andnImmigration; Odie Faulk on Mexican Aggression; and managing editornMomciloSelic explores the land of the Incas. $2.50nQ Cultural Conservatism-Reassembling the Right After Reagan July’87n—Steven Goldberg on Science v. the Conservative Mind; Anthony Harrigan onnNostalgia; and editor Thomas Fleming on Cuhural Conservatism. $2.50n• Men Without Women June ’87—Andrew Lytle on Adam’s curse; ForrestnMcDonald on Ben Frankhn’s revenge; plus astronauts, athletes, Oliver Northnand other real men. $2.50nn Singers of Tales: or How to Rescue Story telling From Sex and BureaucratsnMay’ 87—v. S. Naipaul on being a writer; Frederick Tlirner on rescuingnstory from history; and Thomas Fleming on thrice-told tales. $2.50nn Manufacturing Opinions April’87—Stephen R.L.Clark on the “right” tonan opinion; Irvin L. Horowitz on academic publishing; and Thomas Molnar onnthe failure of higher education. $2.50n• Attic Grace—The Classic Mind in America March ’87-E. Christian Kopffnon Latin invasions of Enghsh; Admiral James B. Stockdale on Epictetus innuniform; and Peter Laurie on I?zra Pound’s “Language of Eternity.” $2.50nn Midland America February ’87—RusseU Kirk reflects on the grandfathernwith a tear-gas fountain pen; Jane Greer gives a Midwestern perspective; andnIrving L. Horowitz on media metaphysics and mid-term results. $2.50nn Idols of the Market Place Jan. ’87—Thomas Fleming on the business ofnbusiness; William R. Hawkins on economic ideology and the conservativendilemma; and Vukan Kuic on political art and artful politics. $2.50n•Postage and handling included in issue price. Total amount duenName AddressnCity State -Zip_nnnAmt.nClironicles • 934 North Main Street • Rockford, IL • 61103 CBI787nMARCH 19881 11n