Kagan Could Endanger Our Beloved Constitution

Another liberal like Kagan on the Supreme Court is a danger to the Founding Principles of America. You should be afraid --very afraid.

Barack Obama revealed his goal for the Supreme Court when he complained on Chicago radio station WBEZ-FM in 2001 that the Earl Warren Court wasn't "radical" enough because "it didn't break free from the essential constraints placed by the Founding Fathers in the Constitution" in order to allow "redistribution of wealth."

Now that Obama is president, he has the power to nominate Supreme Court justices who will "break free" from the Constitution and join him in "fundamentally transforming" America. That's the essence of his choice of Elena Kagan as his second Supreme Court nominee. She never was a judge, and her paper trail is short. But it's long enough to prove that she is a clear and present danger to the Constitution.

When Kagan was dean of Harvard Law School, she presented a guest speaker who is known as the most activist judge in the world: Judge Aharon Barak, formerly president of the Israeli Supreme Court.

The polar opposite of the U.S. Constitution, which states that "all legislative powers" are vested in the elected legislative body, Barak has written that a judge should "make" and "create" law, assume "a role in the legislative process" and give statutes "new meaning that suits new social needs." READ "Constituion is Endangered if Kagan OK'd" at IBS.

"I will Make No Pledges This Week Other Than This One" bla bla bla

"I will make no pledges this week other than this one," Kagan said, "that if confirmed, I will remember and abide by all these lessons: I will listen hard, to every party before the court and to each of my colleagues. I will work hard. And I will do my best to consider every case impartially, modestly, with commitment to principle, and in accordance with law."

Rob Tracinski at TIADaily.com has a very good analysis - the congress basically rolls over and plays dead. Let's be sure not to put anyone on the Supreme Court who would defend our Constitution and what America stands for - let's pack the court with leftists so that we can foist one over the people as we wish.

Vapid? A repetition of platitudes?

To the extent that Kagan is saying anything, we also seem to be seeing a case of what some commentators have named "confirmation conversion," in which a Supreme Court nominee suddenly discovers the merits of, say, sticking to the original meaning of the Constitution, and holds to that view for the duration of the hearings—and not a moment longer.

For example, take Justice Sotomayor's confirmation conversion on the Second Amendment, in which she seemed to affirm an individual right to gun ownership—only to join, in the most recent gun rights case, a dissenting opinion which flatly denied such a right.
Or consider Kagan's failure to answer a question intended to get her to commit on the idea that there are some limits—any limits—to the powers that can be claimed by Congress under the Interstate Commerce Clause.

If this pattern sounds familiar, it is because Obama has basically nominated a less telegenic version of himself to the Supreme Court. All of the characteristic are there: a glib talker with an ingratiating manner; a thin resume that features plenty of stints at prestigious institutions, but few actual accomplishments and no "paper trail" of specific positions taken on controversial issues; a maddening vagueness, even in response to direct questions, about where she actually stands.

Add to this another crucial ingredient: a press that confuses glibness for "brilliance" and limits itself to soft-focus scrutiny because they think that the nominee will advance their own political agenda.

Oh, yes, and we will soon see one other hallmark of Obama-era politics—not the politics of his campaign, but the politics by which he has governed. The Democrats will ram through Kagan's confirmation by the raw power of a congressional majority, without even a pretense at persuading opponents or the American people of her merits