Kagan Downplays Declaration of Independence - Well Fuck her & the horse she is trying to ride in!

Kagan Downplays Declaration of Independence - Well Fuck her & the horse she is trying to ride in!

by Matthew Faraci

07/01/2010

Supreme Court nominee Elena Kagan made the extraordinary admission to Sen. Tom Coburn (R.-Okla.) that she doesn't "have a view as to what natural rights are" as expressed in the Declaration of Independence.

Her comments came in answering a question from the senator on the right to bear arms. Sen. Coburn asked, ""Do you personally believe there is a fundamental right in this area? Do you agree with Blackstone? He said that [the right to self-defense through gun ownership] was a natural right."

Kagan responded, "To be honest with you, I don't have a view of what are natural rights independent of the Constitution."

"So," Coburn asked, "you wouldn't embrace what the Declaration says, that we have certain God-given rights" and that among these are the right to life, liberty, and the pursuit of happiness?"

Kagan answered, "I believe that the Constitution is an extraordinary document, and I am not saying that I do not believe there are not rights preexisting the Constitution and the laws, but my job as a justice is to enforce the Constitution and the laws."

Coburn continued to press her, and she was insistent: "[Regarding] the question of what I believe as to what people's rights are outside the Constitution and the laws, that [as a judge] you should not want me to act outside the basis" of the Constitution and the laws. I think you should ask me to act on the basis of law, which is the Constitution and the statutes of the United States."

The nominee, who so admires Justice Thurgood Marshall, for whom she clerked, misses the importance of the Declaration of Independence, which outlines the very rights upon which judges relied to affirm the rights of blacks to personhood and freedom.

Abraham Lincoln understood that the rights in the Declaration of Independence necessarily underlaid all the rights in the Constitution. He said, "I should like to know if taking this old Declaration of Independence, which declares that all men are equal upon principle and making exceptions to it where will it stop. If one man says it does not mean a Negro, why not another say it does not mean some other man?"

President Reagan, reflecting upon Lincoln's statement as it applied to the abortion issue, added, "When Congressman John A. Bingham of Ohio drafted the 14th Amendment to guarantee the rights of life, liberty, and property to all human beings, he explained that all are 'entitled to the protection of American law, because its divine spirit of equality declares that all men are created equal.' He said the right guaranteed by the amendment would therefore apply to 'any human being.' Justice William Brennan, writing in another case decided only the year before Roe v. Wade, referred to our society as one that 'strongly affirms the sanctity of life.'"

Kagan's refusal to acknowledge the fundamental rights enumerated in the Declaration of Independence shows a troubling disregard for the principles upon which our nation was founded.

Ironically, just before revealing her lack of a "view" on what the Founding Fathers called "unalienable rights," she made a "pledge" to Sen. Coburn that she would reread The Federalist Papers.

--------------------------------------------------------------------------------
Mr. Faraci is the Vice-President of Communications and Marketing at Americans United for Life

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4 years 3 weeks ago, 12:03 PM

HampsterW

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This worries me,

get too many liberals on the SCOTUS and all of our rights will be in jeopardy. The guns ban issue narrowly (in my mind) passed 5-4? be afraid, very afraid....IMHO

Change you can truly believe in comes from the barrel of a gun---------------------------------------------------------------------------------Ron Paul 2012----Vote the bastards out!---------------------------------
4 years 3 weeks ago, 12:48 PM

greg az

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Here's the deal, yes with out question the most important power a pres has is the ability to "guide" the future of the court.. OK.. we know that she's replacing one of the most liberal judges on the court.. So the balance will still stay the same..

Considering how liberal Obarrys other appointments have been this one is actually not that bad, ..Fact is Bush looked at her seriously.. I doubt if this was much more than politics on his part, and of course chose a conservative later.. but shes center left.. not far left, and it could have been a worse choice..

The thing that gets me is why in the world aren't we getting someone who has, uh actually.... been a Judge..Seems sorta odd that he couldn't find a sitting, (or past for that matter) judge that had at least put on a robe before..

Here again.. that coupled with the deal about Bush looking at her, coupled with the fact that shes replacing a liberal.. Were ok on this one..

a man has to hold his word, hold his beliefs, and hold a good sight picture.
4 years 3 weeks ago, 12:55 PM

HampsterW

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Thanks greg for

the explain, I certainly agree about the Judge thing!

Change you can truly believe in comes from the barrel of a gun---------------------------------------------------------------------------------Ron Paul 2012----Vote the bastards out!---------------------------------
4 years 3 weeks ago, 1:10 PM

Schuyler

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Robert Bork, for example, had a sterling record as a legal scholar, but was bumped by politics. Thomas, though thank God he is conservative, was rushed through the system by Bush. He was an district appeals judge for less than two years before he joined SCOTUS. He's there simply because of politics. I read his autobiography, My Grandfather's Son, which is very good.

"All that is necessary for the triumph of evil is for good men to do nothing." - Edmund Burke
4 years 3 weeks ago, 5:03 PM

luckybychoice

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i listened

with great interest the confirmation hearings on sotameyer and kagan,i am a one issue voter,the 2nd ammendment trumps everything else IMO.I heard her say time and again that she thought the 2nd ammendment,Heller, were"settled law" and would be upheld.
Here's the thing,these hearings are a horse and pony show since Bork went thru in 1984(?) and honestly and with great detail answered questions by the committee,then they used his answers to roast him,since then nominees have been vague,coached,and allowed to divert and misdirect answers.That in itself is telling of the type person the nominees are.Each of these nominees have met individually with each confirmation committee member and have been given an outline of the questioning they might receive from that committee member,there are no real surprises sprung on them.
Kagan is a life long Democrat,but like Greg i am not to worried about her,i think she will be more moderate than left leaning.Oh and there has been a Governor and a senator appointed to the SCOTUS,nowhere does it say you have to be a Judge.

i tried being reasonable,i didn't like it, NRA LIFE MEMBER,USMC VETERAN
4 years 3 weeks ago, 5:21 PM

LLE

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there are probably a cool 100 or more, in our best Law Schools, that can outshine MS. Kagan. For the sake of argument, in this selection case, let me ask OUR best and brightest on this site a few questions.

Yours truly has the following background and experience:
> BA degree in Psych, with significant credits in chemistry, biology
> MS degree in Psych, with significant credits in physiology, anatomy, neurology, biology,etc.
>Member of a US Army Reserve General Hospital staff, with several years of lecture classes given by MD's in all specialties, and scrubbing as a surgical technician on many different cases.
Main MOS was Sr. Clinical Psych Specialist, assisting Psychiatrist in diagnosis.
>After commisioning as an Officer, became CO of a Medical Detachment, with a staff of MD's, RN's and Medical Corpsmen, fully surgically capable similar to a MASH.

Question: Would you even consider selecting me as your Doctor--even if it were a dire emergency and I would only be doing triage?? If you answered "no", why did you answer that way??
If you answered "yes", I have several mental competence tests to give you!!

That, IMHO, is the problem with Kagan, and was/is the problem with the current POTUS. If you read Larry Peters book--these two cases will illustrate clearly, what is now called the "Peter Principle". The POTUS has already demonstrated the principle, and if Kagan is appointed to the SCOTUS, dollars to donuts, she will be a perfect case study for support of the Peter Principle.

Too old to fight, Too old to run, guess that's why I carry a gun! "would someone show this asshole the way out of town".[Rabbi Avram Belinski-aka "The Frisco Kid"]
4 years 3 weeks ago, 5:46 PM

Schuyler

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by the committee which made it appear he had different views than he actually did. So I'm not sure there are no surprises for the candidate. If the committee is hostile, you can be pretty certain the candidate will be ill treated.

I agree, LLE. The Peter Principle can be seen in action all over the place. My last boss was a perfect example. She should never have gotten the job. She was intellectually inadequate, but a perfect narcissistic personality. She took credit for your work when it went right and disavowed any knowledge when something went wrong. The problem we second-in-command types had was a lack of options, so we became co-dependents. Finally, I reached a position where I could tell her to take this job and shove it. She hired a replacement that screwed up worse, and finally she went down with the ship, but she did a lot of damage when she was in charge.

This administration is the Peter Principle incarnate. This particular appointment will likely maintain the present balance. If a conservative judge resigns during this administration, then we could be in even worse trouble because the balance could change. That's why the November elections are so damned important. A sea change in Congress could stop this administration in its tracks.

"All that is necessary for the triumph of evil is for good men to do nothing." - Edmund Burke
4 years 3 weeks ago, 9:30 PM

LLE

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No one could have expressed it any better!! I am in full prayer mode that the people of the USA have had enough of this catastrophically self-induced, downward spiral toward oblivion, and now realize that November, is not just another election period. It would have to be a relatively quick reversal of the political pendulum, however, compared to such events in history.

................May history be made in November!!

Too old to fight, Too old to run, guess that's why I carry a gun! "would someone show this asshole the way out of town".[Rabbi Avram Belinski-aka "The Frisco Kid"]
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