Senator Al D'Amato (R-NY) had such attention to detail to the everyday needs of his voters that he earned the not unkind moniker: Senator Pothole.

Senator Al D'Amato
Power, Pasta and Politics

While the Congress has devolved into a low-level constituent service provider, the Courts have evolved into legislative law givers. Our elected officials will fulfill our every request -- save make a difficult decision.

They are all Senator Pothole now.

Fixing Potholes

Need a road repair on your street? Can Do -- call your Senator. Vote on abortion? Can't be done.

Professor of Law, Lino A. Graglia wrote in the Wall Street Journal, on Tuesday that our very system of government has been changed by activist judges. While our legislators are busy with pork-barrel politics, our judges are running the country:

Lino Graglia

The battles in Congress over the appointment of even lower court federal judges reveal a recognition that federal judges are now...our real law makers. . .

The problem is that the Supreme Court justices have made the due process and equal protection clauses empty vessels into which they can pour any meaning.

This converts the clauses into simple transferences of policymaking power from elected legislators to the justices...

And it's not clear the legislators want policymaking power back.

Political Scientist, Hadley Arkes suggests in his book, Natural Rights and the Right to Choose, that coddling the voters will ensure re-election. Making hard voting decisions will alienate some and might cost a election. Congress would rather the Courts make controversial decisions and take the heat -- judges have tenure, anyway, so who cares? Congress would rather just stay out of the kitchen.

Potholes, yes. Abortion, no.

More good links at The American Mind

See Three Bad Fingers for filibuster/cloture difference