Of Litmus Tests and Court Packing

In the wake of Harriet Miers asking to have her nomination to the Supreme Court withdrawn, Democrats have, with one voice, accused the radical right wing (of which I'm a proud member) of attempting to pack the Court and demanding a litmus test for Supreme Court justice.  You know what?  They are right.

I do want the Supreme Court packed.  I want an unbeatable majority of Justices who believe in the Constitution.  Not the living, breathing, evolving document of ever changing meanings and ever growing penumbras; but the timeless, amazingly relevant document that founded a nation based upon the up to then impossible idea of the rights of man and limited government.

I want nine justices who believe, as John Roberts recently articulated in his confirmation hearing, that outcomes are less important than faithfulness to the rule of law.  Roberts said, "Somebody asked me, you know, 'Are you going to be on the side of the little guy?' And you obviously want to give an immediate answer. But as you reflect on it, if the Constitution says that the little guy should win, the little guy is going to win in court before me. But if the Constitution says that the big guy should win, well, then the big guy is going to win, because my obligation is to the Constitution. That's the oath. The oath that a judge takes is not that 'I'll look out for particular interests.' ....The oath is to uphold the Constitution and laws of the United States and that's what I would do."

Yes, I know, such a view is heresy to outcome obsessed activists.  Justices like Ruth Bader Ginsberg and Anthony Kennedy admit that they look at what the law should be.  They admit that they consider laws from other countries.

For example, when looking at affirmative action, or as I call it, reverse discrimination, Justice Ginsberg made this amazing statement from the bench:

"...we're part of a world, and this problem is a global problem. Other countries operating under the same equality norm have confronted it. Our neighbor to the north, Canada, has, the European Union, South Africa, and they have all approved this kind of, they call it positive discrimination. Do we -- they have rejected what you recited as the ills that follow from this. Should we shut that from our view at all or should we consider what judges in other places have said on this subject?"

Note to Justice Ginsberg.  You swore an oath to uphold the Constitution of the United States, NOT the Constitution of the European Union. 

The Equal Protection Clause of the 14th Amendment of the Constitution states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; ... nor deny to any person within its jurisdiction the equal protection of the laws."

 Justice Ginsberg, the brilliant legal scholar, seems to think that you have to treat some people unequally in order to prevent them from being denied equal protection under the law.  It is an insane, through the looking glass view of the Constitution but American Leftists love it.

Anyone who opposes that way of thinking, according to the leftists, is a dangerous extremist.  Imagine, someone who believes  that words mean what they say is an "extremist".  Someone who thinks that American judges should decide cases based upon the American Constitution is a "dangerous extremist".  Based upon the left wing definitions, I want a Supreme Court packed with dangerous extremists.

Leftists also claim we conservatives have a "litmus test" for judicial nominees.  They, wrongly, I might add, claim that we demand that any court appointee be willing to overturn Roe v. Wade.  What we demand is that a court appointee follow the Constitution.  If that is a litmus test, then so be it.

Strictly following the Constitution in deciding cases.  Anyone who loves the Constitution and what this nation stands for would want the Supreme Court packed with people passed that litmus test.

Plame, Delay Part Of Plan

Today's Democrat party is determined to recover the power it lost over the past twenty five years.  Not at the ballot box, but in the jury box.  Since 1980, the Democrats have been unable to win national elections.  No, I didn't sleep through Bill Clinton's eight years, but face it.  He didn't run as a Democrat.  Bill Clinton was a "new" Democrat.  He was a charter member of the DLC which was designed to push the Democrat party away from the Left and toward the center.

Democrats are leftists.  Moveon.org, Howard Dean, Al Franken and Janeane Garafalo are the real face of the Democrat party.  The 2005 version of Al Gore, not the 1984 version, is the real face of the Democrat party.  They are distrustful of capitalism, see individuals as powerless victims,

and consider Islamic terrorists to be less of a threat than corporate robber barons.  To them, America is not the land of the free and the home of the brave.  It is the land of the victim and the home of oppressed workers.

THAT is why Democrats consistently lose elections.  Americans don't see themselves as victims and, thus, don't identify with Democrats.  Americans, as a rule, are positive and see this nation as great and worthy of its blessed position in the world.  As a result, Democrats, instead of changing their message, have sought to change the image of Republicans.

In the eyes of Democrats, if they can prove Republicans to be criminals who only care about helping multinational thieves and slumlords, then the masses will feel victimized and run into the benign, caring arms of Democrat protectors.

That is why the Plame case really matters.  Do you think the Democrats want to protect the CIA?  If so, I urge you to Google "the Church Commission".  Do you think Tom Delay's actions are without precedent in Texas politics?  If so, check and see how Texas Democratic PACs were spending money in 2001, 2002 and 2003.

The bottom line is that Democrats have nothing to offer the American public, so they must eliminate their opponents or successfully demonize them.  It is a strategy based, not on moral outrage or strength, but on political desperation.

Since 2001, the Democrats have tried one pseudo-scandal after another.  So far, nothing has stuck, so they keep raising the stakes.  They can't help it.  These are the same people that turned a funeral into a cross between a tent revival and a professional wrestling event. Complete with bad guys to boo.

They are the students of the 1960s who can't accept that the nation didn't continue down their path to a worldwide commune.  Do they think that maybe their ideas were wrong?  No, they merely think the American people are too stupid to recognize their wisdom.

They have, though, finally recognized that the American people will never, in a battle of ideas, agree with them.  Therefore, they believe that if they create another Watergate, then the American people will hail them as saviors and restore them to their rightful place. 

 

Fundamentalists Waiting For The Rapture

Leftists and Bush haters have spent the better part of two years praying to St. John (brotherhood of man) Lennon, or is it Lenin; clutching their medallions of St. Joseph and St. Valerie, Wilson and Plame, believing that every day might finally be the day when the benign pacifist socialist coincidence of the universe rewards their faithfulness and takes down the demon Rove once and for all.  Every mention of Patrick Fitzgerald's grand jury sends them into a religious fervor worthy of a backwoods Holiness meeting complete with rattlesnakes.  

Rumormongers and date setters excited the faithful with predictions of how many and when the indictments might come.  Each new prediction causes the true believers to forget the inaccuracies of the predictions before it.  For you see, we aren't talking about people thinking rationally.  We are talking about faith.   

The leftists and Bush haters have given up rationality, and instead, have become cultists of hate so strong that they make the Aryan Brotherhood pale by comparison.  And as all good cultists, they have a day of Rapture.  For the leftists and Bush haters, that day is the day that Karl Rove is indicted in the Valerie Plame case.  The reason is because on that day, it will be a sign, a prophetic fulfillment if you will, that the Bush presidency and the neocons have finally crumbled and a millenia of peace, brotherhood, harmony and national healthcare will arise from those ashes.  

Rove's appearance, yesterday, at the grand jury for a fourth time, was hailed as the parting of the eastern sky.  The cultists knew beyond a shadow of a doubt that this meant that Fitzgerald was ready to hand down indictments and Rove's name was going to be first on the list.    Maybe not.  When Rove left the grand jury, his attorney stated, 

"The special counsel has not advised Mr. Rove that he is a target of the investigation and affirmed that he has made no decision concerning charges," Rove's attorney Robert Luskin said in a statement. 

"The special counsel has indicated that he does not anticipate the need for Mr. Rove's further cooperation," the statement said.

Not exactly the wails and gnashing of teeth one would expect from a demon consigned to the lowest pits of Hell.

It's still to early to tell, but what if the prophecies are wrong?  What if no indictments are handed down?  Just the thought is enough to make a true believing leftist and Bush hater mix up a batch of Jonestown Kool Aid.

Nah, America couldn't be that lucky.

The Problem With Miers

 
The problem with President Bush's appointment of Harriet Miers to the Supreme Court has nothing to do with the fact that she's a woman.  If President Bush had selected Janice Rogers Brown, conservatives would be thrilled.

It has nothing to do with the fact that she's not a graduate of an Ivy League school.  Priscilla Owen graduated from Baylor Law School and conservatives have defended her for years.

It has nothing to do with the fact that she's not a judge.  William Rehnquist was not a judge when he was appointed.   It really has nothing to do with Roe v. Wade.  The 1973 decision by the court is merely a symptom.  It isn't the problem.   The problem with Harriet Miers is that she hasn't taken a solid well founded position on the Constitution that is able to withstand "growth" and "evolution".   The Constitution is not a changing document.  It isn't an evolving document.  It says what it says and America needs judges who recognize that.  It can only be changed by AMENDMENTS, not by judicial whims related to desired outcomes.   Take Roe for instance.  There is very little Constitutional law contained in Roe, but there is an abundance of achieving a desired outcome.    As far as Constitutional law is concerned, THE OUTCOME AND EFFECT ON PEOPLE IS IRRELEVANT.  The only thing that should matter is whether the Constitution was followed.   For example, the First Amendment clearly states "Congress shall make NO LAW..."  Campaign Finance Reform might be a desirable thing.  Taking big money donors out of politics might be a desirable thing, but the Constitution says "NO LAW".  Yet enlightened elites on the Supreme Court, including some EVOLVED "conservatives" upheld McCain Feingold even though the Constitution said otherwise.  It is that philosophy that cannot be permitted to stand.   By the same token, the Second Amendment prohibits Congress from interfering with the peoples' right to bear arms.  Stopping me from owning a fully automatic AK-47 might be a desirable outcome, but it is not a correct one underthe Constitution.   The reason conservatives like me are fans of Justices Thomas and Scalia have less to do with particular votes than it does their philosophy.  They believe the Constitution is paramount.  Outcomes and foreign laws should not outweigh the Constitution.  These men have been attacked for those beliefs since even before they took the bench and have held firm.   Harriet Miers has no such foundation.  She has no such visible firmness.  She has no such enunciated philosophy that says the Constitution must prevail regardless of who it helps or hurts.  That is why we oppose her.

If you want desired outcomes, then "We The People" should AMEND the Constitution, not have nine pseudo-philospher kings do it for us.  THAT is why we want strong Constitutionalists on the bench.  We want the Constitution followed as written and changes only accomplished by "We The People".

We are all role models

The inescapable news of the weekend was the melee at the end of the Pistons-Pacers game at Auburn Hills, Michigan on Friday night.  For those of you who were just rescued from a desert island, with under a minute to go in the game, Ron Artest of the Pacers committed a hard foul on Ben Wallace of the Pistons.  Wallace took exception and shoved Artest and both benches decided it was time to vent some frustration.

 

As the referees attempted to calm things down, the fans decided to get in the act and one of them hit Artest with a full cup of some liquid refreshment.  Artest proceeded to unleash his rage in the stands and several players followed suit and the fans proceeded to give as much as they got.  The arena security detail was ill prepared for such happenings and at least one chair was thrown and an elderly person had to receive medical attention.

 

The most enduring image of the night, though, was the sight of two young children clutching each other for dear life with tears in their eyes.  I don’t know if these were children of spectators, children of players or what role the adults with them had played in this scene.  It really doesn’t matter.  I couldn’t get past their faces.

 

It took me back roughly ten years ago when outspoken NBA star, Charles Barkley, made the infamous statement, “I’m not a role model.”  I recall that statement being debated and discussed without a definitive answer given.  I don’t think we can avoid the obvious answer anymore.  We are ALL role models.

 

Someone is watching us as we live day to day.  Someone looks up to us.  Professional and college athletes exist because people watch them.  Sure, somewhere in our history, competition existed for the sake of competition; but now, competition exists for the show and the money such a show generates.  Every kid in the backyard throwing a football envisions himself as Peyton Manning or Bret Favre.  Every kid working on a jump shot or a lay up sees himself as Michael Jordan or Kobe Bryant.  Unfortunately, when one of these folks screws up in their personal life, these same kids see that as well.

 

We might not be on television, but our kids are watching us as well.  If we berate an official or coach at a Little League game, our kids see it.  If we cut someone off on the Interstate and then give them the finger, our kids see it.  If we treat a spouse with disrespect, our kids see it.

 

Those kids went to Auburn Hills, Friday night, to see their heroes on the court and to spend time with their everyday heroes as well.  What they saw was not heroic.  It was not inspiring.  However,it was instructive.  This is how adults behave.  Is that what we want kids to see?  We are all role models.  We can never allow ourselves to forget that.

Reaching out?

The enlightened members of the national media didn’t even wipe the exit poll egg off their faces before they almost unanimously began asking if President Bush would “reach out” to the opposition, try to govern from “the center” and work toward “bipartisanship”. John Edwards, in his concession speech, if you can call it that, renewed his theme of “two Americas” and practically blamed the division in America on the Republicans. The media also reported that when John Kerry called President Bush to concede, he “lectured” him on healing the divisions in this nation.

Reach out? Heal the divisions? Note to the Democrats and their accomplices in the mainstream media: YOU LOST. Your agenda was rejected. Your campaign of hate was rejected. Your campaign of fear and envy was rejected. You folks are the last people to complain about division in America.

Look at the last forty years. Democrats have won elections by pitting black versus white, rich versus poor, employee versus employer, old versus young, women versus men, irreligious versus religious. To a Democrat, bipartisanship only occurs when a Republican sacrifices his or her principles and goes along with what the Democrats want.

The Democrats won’t see this, but this election is a repudiation of them, and perhaps for the foreseeable future. The Democrats do not have the Presidency. In fact they have only held the Presidency for eight years since 1981. Bill Clinton had to pretend to be a Republican to do that, and even then he never got fifty percent of the vote. The Democrats fall further and further behind in the House of Representatives. The Senate is closing in on being filibuster proof.

The American public isn’t leftist. The Democrats ARE, by and large, leftists. The American public believes in strong hawkish national defense. The American public believes in traditional faith based family values. The American public believes in low taxes. The American public believes in private enterprise. The American public believes in America’s sovereignty. The American public made this clear last night.

The American public does not believe in global tests regarding our security. The American public does not believe in license masquerading as personal freedom. The American public made that abundantly clear last night.

Will the Democrats see it? Can they even comprehendwhat they see? I agree, there needs to be a reaching out in this country. The Democrats need to reach out and rediscover the AMERICAN people. No, not the French people, the AMERICAN people.

 

 

In God's Hands

I truly believe that God calls men for certain times in history.  Yes, I know, that isn’t an enlightened way to think, but as a student of history I can think no other way.  Imagine how different the Revolutionary War and the early years of our Republic might have been without George Washington at the helm.  He was an inspiring figure so beloved that many wanted to declare him King after the defeat of the British.  Yet, he was humble enough and self effacing enough to ensure that this nation would not become a monarchy like Europe.

 

Abraham Lincoln was the perfect President to face the horrors of the Civil War.  Lincoln’s unique skills had not manifested themselves during his earlier life, and it is doubtful that he would have been a successful peacetime President.  Yet his resolve saved the and ended the scourge of slavery.  It is highly unlikely that any of his contemporaries could have accomplished those feats.

 

Franklin Roosevelt was the right man for the job of President during World War II, just as Churchill was the right man for the job of British Prime Minister during that dreadful war.  Ronald Reagan was the only man who could face down the Soviets and make them blink.

 

The point that I’m making is that throughout history, the cause of freedom has advanced.  The right people have been in place to lead that advance.  You may choose to believe that this is an accident, a mere random chance; but I don’t.  It is evidence of the Divine Hand of Providence watching over our nation.

 

With all my heart, I believe that George W. Bush is another one of those leaders who is chosen for a particular challenge.  That challenge, that enemy of freedom, is Islamofascism.  George W. Bush is a man guided by faith.  He isn’t a man who believes that being President is merely a goal in and of itself.  President Bush recognizes the moment in history we face.  He recognizes that the choices we make today will reach out into the future.

 

President Bush sees the enemy clearly.  Just as Lincoln saw that the Union MUST be preserved, even if places like Gettysburg, Shiloh and Antietam had to become blood soaked cemeteries, just as Ronald Reagan saw that the Soviet Union was the “Evil Empire” that must be confronted even as the world was calling for appeasement and disarmament; George W. Bush sees that this moment in time brings us to a clash of civilizations and ideologies that must be won.  George W. Bush has the faith and the fortitude to face this moment, even if it isn’t the popular thing to do.

 

I have already voted.  This week, I will drive my wife and my mother to the polls.  Then, we will have done all we cando to stand by this courageous man as he stands for our country and our way of life.  After we vote, the battle is in God’s hands.

 

This is a nation that has been blessed by God in unimaginable ways for the past two hundred and thirty years. In recent years, it hasn’t been cool to acknowledge that.  We have become dismissive of God’s blessings.  I sincerely hope that, as a nation, we haven’t rejected HIM to the point that HE allows us to fall.  For whether we like it or not, our nation’s future is in God’s hands.