Monday, September 26, 2005

Fundamental Disagreement

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Why is it so important to choose Supreme Court justices carefully? To answer that, you need look no further than the writings of Justice Stephen Breyer.

Justice Breyer Proposes a New Path for the Post-Rehnquist Court

Okay, here's the thing. Justice Breyer published a book that pushes a theory called "Active Liberty," which, he explains, means judges must look into the constitution to see new and creative laws and "rights" which may not have existed before. Sort of a rabbit out of a hat type of thing, I guess.

I don't pretend to have any kind of legal credentials, but I do claim some amount of common sense- and that is offended whenever anyone tells me that our Founding Fathers "would have wanted" this or that. Well... if they would have wanted it, then why didn't they put it in there? Or even a close reference to it?

Justice Antonin Scalia (whom we already know is THE MAN) believes the opposite. He, and virtually every other normal American, believes in "original intent." Which is to say that we must go on what the Founding Fathers intended while they were writing our constitution. This is accomplished by reading the original documents and by NOT creating out of thin air things that are simply not in there.

I'm very sorry to say that, if you don't like what is contained in our constitution, then you should probably go and start your own country somewhere. I recommend someplace in China or the Middle East.

Consider this frightening passage from the article:

[[ Promoting active liberty does not mean allowing the majority to run roughshod over minorities. It calls for taking special care that all groups have a chance to fully participate in society and the political process. Discussing the recent University of Michigan affirmative action cases, Justice Breyer contrasts an opinion by Clarence Thomas, arguing that the Equal Protection Clause requires government actions to be "colorblind," with one by Ruth Bader Ginsburg, more in the active liberty spirit, that sees a role for race-based distinctions intended to help groups "long denied full citizenship." ]]

"...allowing the majority to run roughshod over minorities..." means that Conservative victories in elections should not have any bearing on public policies. They really believe that and are pushing hard on it.

That is exactly why Presidential elections are even more important now than ever before.

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3 Comments:

Blogger Tsar Lazar said...

Pomoze Bog.

Justice Bryer and an oak tree---
H-A-N-G-I-N-G.
First comes rope,
Then plain sense,
From which this fool
Has no de-fense.

And no, I haven't and any brauskis yet; too early. ;)

Tsar Lazar

26/9/05 17:40  
Blogger saj said...

Damn, Tsar, not only are you a genius. You're a mindreader too! lol

26/9/05 17:52  
Blogger kmg said...

A mindreading genius... Good Lord- I hope he uses his powers for good!

26/9/05 19:43  

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