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You're right. Unfortunately this is a natural result of having so many different veto points in this process and in the US governmental system in general.

I was just thinking today about why Canada's Supreme Court isn't remotely politicized in the same way as the US. Part of it may be that we're just not as partisan, but I think the main thing is that with our parliamentary system, if the party in power has a majority—which they do the majority of the time—they can basically pass what laws they want. Of course, they generally refrain from doing deeply unpopular things since they'll pay for it at the next election, although even that does happen: eg. the Mulroney (conservative!) government implementing a 7% goods and services tax. Probably played a large part of them being out of power for a decade+ immediately following, but was great for the country fiscally from there forward.

Anyway, since the government can largely do what they want, there's much less need or reason to essentially try to enact 'legislation from the bench'. I couldn't even tell you the political leanings of our SC justices.

There are still plenty of downsides to this system of course (lack of proportional representation comes to mind), but it does appear to be more functional in a lot of ways than the US. And probably not by accident—the Canadian system was developed almost a hundred years after the US, and had it and other more recent governments as models; it was also soon after the US Civil War, which played a part in Canada adopting a strong federal system with less provincial power, relatively speaking.

Of course, it's easy to say all that. Much harder to actually enact significant reform!



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