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No Deference Is Called For on Judicial Nominees
Accuracy in Media ^ | Feb. 19, 2016 | Andrew McCarthy

Posted on 02/19/2016 10:55:38 AM PST by Twotone

I'm sorry that the crucial importance of Justice Scalia's now-vacant seat on the Supreme Court meant that the heated battle over filling it was already well underway while most of us, reeling from the profound loss, craved a respectable interval to console his loved ones and reflect on his epic legacy.

(Excerpt) Read more at aim.org ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: andymccarthy; antoninscalia; nominees; scotusnominee; supremecourt
Excellent article on the reasons it's legitimate to block Zero's nominee.
1 posted on 02/19/2016 10:55:38 AM PST by Twotone
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To: Twotone
Excellent article. The Constitution was set up so that the President and the Senate would be equal partners in the process. It was an excellent check against radical Justices, one way or the other.

Today's Democrat senators understand this. Unfortunately, today's Republican senators do not. I predict another GOP cave-in, done so the GOP won't be called "obstructionist" in the media.

2 posted on 02/19/2016 11:11:36 AM PST by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: Twotone

If there was any justice in the world, the bearings would be twice that of Bork’s.

Instead this is his third nomination. The GOP sucks.


3 posted on 02/19/2016 11:12:02 AM PST by Shadow44
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To: Twotone
Why would Republicans ever agree to that?

Good question, and unfortunately so many responses to this come to mind. Like stupidity, don't care, or even a shared belief on many issues.

4 posted on 02/19/2016 11:15:38 AM PST by Robert DeLong (u)
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To: Twotone

SCOTUS is supposed to be the a-political Branch. I guess all pretense is gone now.


5 posted on 02/19/2016 11:18:10 AM PST by Teacher317 (We have now sunk to a depth at which restatement of the obvious is the first duty of intelligent men)
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To: Twotone
Fortunately, early generations recognized that liberty for individuals would not reside in persons elected to high office--even Presidents. Instead, the lessons they had learned from their study of the history of nations brought them to the idea of a "People's" written Constitution of restraint on the power of any fellow human, including Presidents, Legislatures, and Judges.

In times like these, as Americans turn to mere mortal candidates for new leadership of the nations, we need understand that America's protection for security is never safe when it is entrusted to a person, or several persons, whether that person (or persons) is, at the time, on the political "left" or "right."

As the Founders and Framers of the Constitution acknowledged, our "sheet anchor" against tyranny is in a written constitution.

As a result, our task in 2016 is to elect a leader whose personal history and actions indicate his/her understanding of and fidelity to the principles and ideas of liberty underlying the Constitution which was conceived, debated, adopted, explained in those 85 essays of The Federalist and ratified in the States.

"Power always thinks it has a great soul, and vast views, beyond the comprehension of the weak; and that it is doing God service, when it is violating all His laws. - John Adams letter to Thomas Jefferson, Feb. 2, 1816

The semantics of the current President and so-called "progressives" define the Constitution's limitations on their power differently than did the Founders and Framers of America's Constitution, which, by its own provisions, limits government and the coercive power which future elected individuals might wish to wield.

From Page xv of "Our Ageless Constitution," here are excerpted words from President Andrew Jackson's Proclamation of December 10, 1832:

"We have received it [the Constitution] as the work of the assembled wisdom of the nation. We have trusted to it as to the sheet anchor of our safety in the stormy times of conflict with a foreign or domestic foe. We have looked to it with sacred awe as the palladium of our liberties, and with all the solemnities of religion have pledged to each other our lives and fortunes here and our hopes of happiness hereafter in its defense and support. Were we mistaken, my countrymen, in attaching this importance to the Constitution . . .? No. We were not mistaken. The letter of this great instrument is free from this radical fault. . . . No, we did not err! . . . The sages . . . have given us a practical and, as they hoped, a permanent* Constitutional compact. . . . The Constitution is still the object of our reverence, the bond of our Union, our defense in danger, the source of our prosperity in peace: it shall descend, as we have received it, uncorrupted by sophistical construction, to our posterity. . . ."

*Underlining added for emphasis - see See also

And, it was Thomas Jefferson who used another metaphor with reference to the Constitution when he indicated that "the People" must "bind them (government) by the chains of the Constitution." In another instance, he declared: "It was intended to lace them up straitly within the enumerated powers. . . ."

The only path to making America "great again" begins and ends with understanding of, and adherence to, the ideas and principles underlying the Constitution of the United States of America, as they were explained in the 85 essays of THE FEDERALIST, newspaper essays addressed directly to "the People" in the States prior to their ratification of that Constitution by the people in those states.
-------------------------

"On every question of construction, let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed."

— Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete Jefferson, p. 322.

"Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction." Thomas Jefferson to W, Nicholas, 1803.

In his own 1801 Inaugural Address, after listing what he called the "essential principles" to guide his Administration, Jefferson added:

"These principles form the bright constellation which has gone before us and guided our steps through an age of revolution and reformation. The wisdom of our sages and blood of our heroes have been devoted to their attainment. They should be the creed of our political faith, the text of civic instruction, the touchstone by which to try the services of those we trust; and should we wander from them in moments of error or of alarm, let us hasten to retrace our steps and to regain the road which alone leads to peace, liberty, and safety." - Thomas Jefferson, First Inaugural, 1801

"Until the people have, by some solemn and authoritative act, annulled or changed the established form, it is binding upon them collectively, as well as individually; and no presumption or even knowledge of their sentiments, can warrant their representatives [the executive, judiciary, or legislature]; in a departure from it prior to such an act." - Alexander Hamilton

6 posted on 02/19/2016 11:19:08 AM PST by loveliberty2
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To: Leaning Right

Worse yet are the RINOs in the Senate who WANT a judge that will rewrite the Constitution.


7 posted on 02/19/2016 11:36:46 AM PST by Blood of Tyrants (Liberals are the Taliban of America, trying to tear down any symbol that they don't like.)
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To: Twotone

The only deference due to ANY dimbulbcrat is the same as that given to a t*rd on the sidewalk: hold your nose, walk around it, and dispose of it as soon as possible.


8 posted on 02/19/2016 11:45:43 AM PST by Da Coyote
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To: Teacher317

Where did you get that notion? The federal courts have been a political game almost since the founding. Look up Marbury v Madison.


9 posted on 02/19/2016 12:01:21 PM PST by Chewbarkah
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10 posted on 02/19/2016 12:24:18 PM PST by DoughtyOne (Facing Trump nomination inevitability, folks are now openly trying to help Hillary destroy him.)
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To: Chewbarkah

My bet is odumbo has a complete slate of ultra liberal candidates just chomping at the bitt to get such an appointment. The republicans should have already prepared their “menu” as well. There are still a few more candidates that are waiting in the wings to pass on so the order of the day is “BE READY”.


11 posted on 02/19/2016 12:25:50 PM PST by DaveA37
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To: Twotone

In the event that Obama nominates an philosophical soul mate to Scalia a vote may be in order. If not. Then no way.


12 posted on 02/19/2016 12:58:39 PM PST by Captain Compassion
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We'll miss your Justice Scalia.
13 posted on 02/19/2016 1:26:45 PM PST by DoughtyOne (Facing Trump nomination inevitability, folks are now openly trying to help Hillary destroy him.)
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To: loveliberty2

Very nice quotes. The FF spelled it out, if we’re just willing to look.


14 posted on 02/19/2016 1:33:52 PM PST by gogeo (Donald Trump. Because it's finally come to that.)
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To: DaveA37

And they’ll use that slate per the standard procedure: Dems trot out a series of obvious non-starters who have to withdraw. The coordinated media build this into a narrative of mean Republican obstruction harming the country at this critical moment — blah, blah, blah. The Dems then nominate their real pick, an anti-constitutional Leftist with a sparse paper trail and few qualifications except being a “first” for some minority (openly gay/trangendered Afro-Hispanic-Muslim of color...). Fearing being called unfair raciss, genderist, beeegutts, Republicans hold hearings, praise the nominee and approve it unanimously.


15 posted on 02/20/2016 5:37:53 AM PST by Chewbarkah
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