Current Nominee For The U.S. Supreme Court


Last Saturday, President Trump selected his nominee for the highest Court in the land. When the founders of our Constitution set up the system of checks and balances, I don’t think they ever envisioned the Court becoming so powerful.

But this is 2020 and we live in a very litigious society. People readily accept that laws legislatures pass will be tested in the courts. It’s who we’ve become.

Unfortunately there are jurists who interpret the Constitution as “a living document,” meaning that

the Constitution and other constitutions, holds a dynamic meaning, evolving and adapting to new circumstances, without being formally amended.

Except, the Constitution has very specific ways it can be changed. This “loose constructionism” allows for un-elected judges to create law because of their interpretation that “adapts” to the times.

But that’s what the Legislature is for: our voted representatives in both the House and Senate were designed by the founders to make laws, because they are directly responsible to the people. Judges are not.

All that said, President Trump nominated Judge Amy Coney Barrett, a “conservative jurist,’ as she describes herself. Not because of a political leaning but because she hold to the belief that the Constitution and other statutes need to be interpreted based on what the original meaning was to those who wrote the documents.

Some times I think that position is described as “origionalist.”

Unsurprisingly the Democrats are up in arms because the President made the nomination and the Senate, conferred with the powers of “Advice and Consent” have enough votes to confirm her as a Justice.

The woman herself seems amazing. She’s a mother of 7, 2 adoptive children and 5 natural children, including her youngest who is a special needs child. She will be the first ever mother of school age children to sit on the bench.

In fact, she graduated at the top of her class in Notre Dame. Not, in the top. The top! I think she has a doctorate. She clerked for Judge Scalia, and he influenced her ideas about judicial interpretation. When what of her law professors recommended her for the position, he simply wrote, “I’ve never had a better student.”

So the woman is brilliant. And she’s experienced, having served on a federal appellate court since 2017.

In addition, Judge Barrett is a Catholic. One late night TV comedian tried to ridicule her by saying, she’s a Catholic, Catholic. You know, a nun. Well, of course she’s not a nun, but I guess the point is, he couldn’t find any dirt on her—her life apparently looks “boring” to him because all she does is car pool and sit on a judicial bench.

Not out there parting much, is she? Not a Catholic like Joe Biden or Nancy Pelosi.

So that apparently is the big criticism of the recent appointee. They also try to rip the Republicans, perhaps rightly, for holding to the idea that President Trump should nominate anyone when in 2016 some of these same politicians were claiming that President Obama should not nominate a Supreme Court justice in his final year in office.

I thought the Republicans were wrong then, and I think the Democrats are wrong now. The fact is, the Constitution gives the Senate the right of consent. Unfortunately, because our government is so partisan, that means it’s rare for a Senator to vote across party lines. So in 2016, the Republicans didn’t need to come up with some lame idea that the President shouldn’t nominate someone. All they had to do was decide they didn’t want to consent—not if the nominee would take a liberal or “living document” approach to judicial interpretation.

As it happens now, the Senate has an even larger majority and therefore are all but assuredly confirming Judge Barrett.

What’s funny to me is that the Democrats don’t have to worry as they are, thinking that some of their pet liberal policies will now be overturned. If anything, the Supreme Court might return to the states the right to decide the laws that the Federal government has imposed on us all through the courts.

But the Democrats are hitting panic buttons all over because they don’t understand the difference between liberal and conservative judges. They assume that the conservatives will make law as they see fit, because that’s what liberal judges do. But a conservative Jurist is bound by existing law and understands that the Legislature or the states or the people are to make law, not the Court.

So no, we aren’t going to see Roe v. Wade abolished, unfortunately. But states may be permitted to place limits on abortions. Same with other laws like flag burning and the like. After these have been on the books for so long, they now have precedent—an important tool in the interpretation of the Constitution and legal statutes. The Affordable Care Act? Not long precedent there, so some of those provisions could be challenged. Other things, like “the right to die” and the imposition of a tax on people who want to leave California (only the wealthy, but seriously? How can they get away with that? I don’t think they will with a conservative court.)

All this to say, I believe American’s Bill of Rights is safe with this court, and I’m really relieved. I honestly didn’t know if President Trump, once he came into office, would keep his promises, and particularly the one about the judges he would appoint. I’m grateful he has.

But interestingly, this chain of events has shown why it’s so important for a conservative who will stand by the Constitution to be the next President and why it’s equally important for our legislators to be the same. All the bickering and political maneuverings can be rendered moot by our vote in November.

Published in: on September 28, 2020 at 5:07 pm  Comments (2)  
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Immigration


President Donald Trump is getting a lot of flack and coming back with his own defense over his comments in a meeting several days ago. The media conclusion is that “Donald Trump is a racist.” Meanwhile, the “gotcha” form of reporting that goes on these days missed the real story.

The real issue is not what particular vile word the President used. Rather, the real issue is his belief in and support of merit-based immigration. Essentially he has said more than once that America should open our boarders to the best and brightest of other countries so that we can use their knowledge and skill for our own advancement. In other words, we should take the people who could best be an asset in their own country.

In all fairness, this is the kind of thinking of an entrepreneur—take what benefits you no matter who it hurts—and that’s exactly who Donald Trump is.

But that’s not what America is, and that’s not what made America great, as Mr. Trump so often likes to say.

Instead, our country became a desirable landing place for immigrants because of the attitude expressed on the Statue of Liberty:

Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed to me,
I lift my lamp beside the golden door!

These words come from a poem by Emma Lazarus (1849–1887) entitled “The New Colossus.” She donated the sonnet in 1883 as part of a fund-raiser for the construction of the pedestal of the Statue of Liberty. In 1903, the whole poem was engraved on a bronze plaque and mounted inside the pedestal’s lower level.

These lines are also part of the poem:

Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
MOTHER OF EXILES. From her beacon-hand
Glows world-wide welcome

None of this attitude is remotely similar to merit-based immigration.

Simply put, America has been a land of opportunity in which a poor person, with nothing but his good name and a will to work, could make something of himself. So why now should we become something else? Something resembling a robber baron or a corporate raider?

Is that what America wants to become?

Yes, President Trump uses vulgar language. He’s done so on the campaign trail and he’s done so in private moments that made their way to the public airwaves. Once again he’s said something vulgar. Big deal. This is not the story. No one has to read into his comments something about his attitude toward countries made up predominantly of people of color.

What President Trump wants is rich people or smart people or talented people who can bring their assets to America. He doesn’t want people who are trying to escape poverty or tyranny or ignorance.

But those are the people who make up America: Irish people escaping famine, Jewish people escaping pogroms, English people escaping religious persecution, Mexican people escaping poverty, Vietnamese people escaping Communist oppression, and even African-Americans escaping slavery. I’m not sure there’s ever been a wave of immigration that has involved people who weren’t looking for something better, who didn’t see America as a land of opportunity, instead of a land in desperate need of what they have to offer.

Why change now?

We shouldn’t.

The only thing we need to do is enforce the rule of law.

And therein lies the problem—both sides of the immigration question are right and wrong at the same time.

Mr. Trump is right to want immigration to be safe (vetting those who wish to live here in such a way that we aren’t bringing in terrorists, drug dealers, and other criminals; doing away with “sanctuary cities” and states; clamping down on illegal immigration; stopping serial immigration). He’s wrong to believe that stealing the best and brightest from other countries is the right way to proceed.

The Dems are right to want a solution for the children of illegal immigrants and to make people from all nations welcome. They’re wrong to do so without putting safeguards in place.

We need real immigration reform, but now there’s talk of the Dems dragging their feet so that they can win more seats during midterm elections. And there is the giant problem in our government—politics. Too many elected officials care more about retaining their position and carving out their own little power pedestals than they do serving the American people, as statesmen did once-upon-a-time.

What we’re seeing is human nature at work. We can have the best form of government on earth, but sadly, it’s still dependent upon sinners to execute their responsibilities faithfully. It’s not going to happen.

Too many people are holding out for the perfect government to solve all the problems, to answer all the questions. Not going to happen.

Our faith is misplaced if we expect a President to be better than we are.

Our greatest need is to look at ourselves and deal with the sin in our own hearts.

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