Boring but Competent

Members of the German Constitutional Court

Nominee for the US Supreme Court

In North Europe Brett Kavanaugh's suitability as judge in a Supreme Court would be questioned also without him being suspected by some of attempted rape. This because of his partisanship and his belief in conspiracy theories. But no doubt a Liberal candidate could have shown an equal lack of neutrality.

Also, the reason for showing this picture of Brett Kavanaugh is not to show a "bad" or angry character. The purpose is to illustrate how derailed political processes have become in the United States. As earlier I use Germany as a counterexample. Here the Constitutional or Supreme Court is strictly neutral and its members are chosen in an undramatic procedure. Serious and conscientious work characterize its proceedings. Compared to the American way this may be boring, but exactly this is the ideal condition. Parts of the explanation for the difference between America and Germany is the greater specificity of the German constitution leaving less room for differing interpretations and also the confounding in the American constitution of the highest executive power and Supreme Court. But clearly the main reason is the downward spiraling of US politics.

This said, Brett Kavanaugh has some interesting and prophetic ideas concerning the power of the president. In the future we will indeed see a stronger and more sacrosanct presidency. This will be enforced by presidents and their followers either simply to gain personal power or in order to better control chaos. But in 2018 and with an unpredictable president the idea is premature...