Joe Biden and the 'Average Joe' Judges

Democratic Presidential hopeful Joe Biden stated during Thursday night's debate that he wants to appoint judges to the Supreme Court who are 'average Joes.'

Of course the candidate did not use those exact words, but what he said means the same thing. Biden said he was tired of law professors and scholars being appointed to the bench. He wants to appoint judges who 'have lived out in the real world like most people.'

The question that is paramount, however, is how, exactly, would Biden determine if these prospective judges were 'just average Joes?'

I suppose that Biden thinks he is an average Joe, since he brought up the issue. After all, his name is Joe. The problem is that he is a lawyer, just like the elites of whom he claims to have grown weary.

So, how would Biden determine the 'common folk' prerequisite? Would they need to have worked their way through college and law school by being a grease monkey in a mechanic shop in Podunk? Would they need to buy their clothes at WalMart rather than Brooks Brothers? Would they need to prefer beer and pizza over fine wine and fillet mignon?

Better still, would they need to live in a place where there are lots of old cars in the yard with no tires, propped up on concrete blocks?

Just how do any of these make a judge, particularly a Supreme Court Justice, any better at interpreting the Constitution?

The legal profession by its very nature is not conducive to 'the average Joe.' It is very much an elitist fraternity. While it is true that the country has not always been well-served by Justices who were legal scholars, neither has it always been well-served by Congressmen, Senators, and Presidents who were 'average Joes.'

Just think of Jimmy Carter, for heaven's sake.

Frankly, when it comes to Constitutional law I want someone who is well-schooled in the foundation, history, and philosophy of Constitutional thought--that is, I want a scholar who knows the original background and setting of the Constitution as well as he knows the back of his/her own hand.

He or she should be able to quote extensively from rote memory The Federalist Papers, Thomas Jefferson, Benjamin Franklin, George Mason, and many others.

The High Court is an entirely different animal from the executive and legislative branches of government. While the Presidency and the Congress lend themselves to the election of common folk who can connect with the average citizens, the Supreme Court is purposefully different. Justices must be able to stay above the fray and render decisions based NOT upon what the average Joes want, but what the Constitution requires.

And by the way, if you want an example of the dangers of selecting average Joes for the Supreme Court, just look at John Edwards, who comes as close as any to being what Biden would consider ideal.

Edwards has stated that the right described by the Second Amendment is a 'privilege' rather than a right--in direct contradiction to the U.S. Constitution. He has also stated that having access to the Internet and healthcare are 'rights.'

Exactly which amendments in the Bill of Rights state this, Senator?

Give me a strict constructionist, Constitutional scholar any day of the week over an 'average Joe.' The average Joes are best left in the House of Representatives.