As the Senate begins their process of advice and consent for Judge Brett Kavanaugh’s nomination to the Supreme Court, we would be well-advised to remember what conservatism actually means in the context of Article III of the Constitution. Although many conservatives have endorsed Kavanaugh, others have expressed disappointment over the president’s choice mainly because of a perceived loss of a guaranteed conservative majority.
But is that really true? What do we really mean by “conservative majority”? In the context of the Supreme Court, this isn’t a political question. We are a nation of laws, not a nation under rulers. Conservatism means we are conserving something — our Constitution as our rulebook. In order to fairly debate and discuss policy and especially to fairly keep government within its limited constitutional margins, we have to have fair and impartial umpires. This is the idea of a separation of powers and checks and balances.
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