This past week I registered my observations relating to the Supreme Court nomination process largely recounting historical precedence as it relates to the philosophical and functional mandate of the Supreme Court. (see; “Kagan – Silence, Nomination & The Supreme Court”) Even more so, the ultimate filter being that which one must consider when viewed through the lens of this Nations founding principals and ideals.
Listening to the series of exchanges between the Senators and the Nominee, Ms. Kagan, I must confess that my commentaries from earlier in the week were and quite sadly so, validated. The totality of the event merely served to illustrate the grand illusion of our government and the fantastic artifice of its actions. The process affirmed a few critical points which I trust you will find interesting and perhaps, even mirroring your own observations:
- The process is irretrievable biased and apocryphal.
- The shroud of judicial decorum is conveniently invoked to conceal a nominee’s predilection.
- The panel of Senators, to nearly a one, demonstrates the banality of their inquiry and their unique ability to express a complete unwillingness to serve the cause of Constitutional supremacy.
Senators Leahy and Whitehouse demonstrated a fawning-like deference that exhibited their own unique brand of constitutional indifference with Feinstein, Klobuchar and Franken being the harlequin triumvirate. The Republicans, save for perhaps Cornyn of Texas, faired no better. Frankly knowing well of their respective voting records, they took advantage of being in the minority to put on a good Freedom & Liberty loving show. If the “republicrats” filibuster Ms. Kagan’s nomination, even though my opinion of them will scarcely improve, I will say this: “the enemy of my enemy is my friend!”
To the greater point of my near week-long study of the process which is this; to synthesize the mass to a conclusive observation. And so,
On the second day of the “live” inquiry of Ms. Kagan responded to a question regarding the 2nd Amendment wherein she was reminded of her written opinion “I’m not sympathetic.” “Sympathetic”, that is, to the implications of the 2nd Amendment which preserves the rights of the people to “…keep and bear arms,….” It is important to be remind that the 2nd Amendment has been upheld by the Court, one again, as recently as 2008 in the case D.C. vs. Heller and in 2010, McDonald v. Chicago.
However, in the same response – seemingly missed by every member of the “panel” was to me a not so subtle assault on the Constitutional Rule of Law and the most fundamental principal of all – “Unalienable Rights”! Ms. Kagan further added to her response by stating “…there is no right that is not (specifically) expressed within the text of the constitution.”
Absolutely incredulous! For this comment alone, not only should she not be confirmed, every Senator in the room should be impeached for their own culpability! Why you might ask? The Constitution of the United States is NOT a statement of your RIGHTS it is specifically a statement of the parameters by which the Federal Government can ONLY operate! This document includes the text “…specifically enumerated herein…” and most importantly, “…supreme law of the land….” All others, INCLUDING YOUR UNALIENABLE RIGHTS, it is specifically prohibited from infringing upon! Perhaps better said, it is not a document of “specific rights” (yours) but one of specific and enumerated “functions” and “prohibitions” (of/by government).
In this one statement (by Ms. Kagan) one can see, summarily, how the Nominee views not only the Constitution but the Peoples Supremacy over it! This is not only the opinion of Ms. Kagan, it is also quite visible in the practice of Government throughout the Unite States.
As Thomas Jefferson said, “… rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law,’ because law is often but the tyrant’s will, and always so when it violates the right of an individual.”
We continue down the path to our own destruction! Is it unavoidable?
Curtis C. Greco, Founder
