Posted on 10/04/2005 3:20:22 PM PDT by Richard Poe
HARRIET MIERS OUTSHINES BORK
Unlike the Patron Saint of Originalism, Miers Will Defend Our Freedom
Judge Robert H. Bork has come to represent in many conservative minds the gold standard of legal sagacity against which provincial upstarts such as Supreme Court nominee Harriet Miers must be weighed. In truth, however, Bork provides a poor example of conservative jurisprudence. Even as simple a phrase as, "the right of the people to keep and bear arms, shall not be infringed" has long confounded Judge Bork. Harriet Miers suffers no such confusion.
Following a July 1, 1992 incident in which a crazed gunman slew two lawyers and two judges in a Texas courtroom, Miers wrote in the Texas Lawyer, "How does a free society prevent a man from entering a courtroom and opening fire?" (hat tip, David Kopel)
The very liberties we hold dear, such as, "access to public places, the right to bear arms and freedom from constant surveillance" make such crimes possible, noted Miers. Yet, she concluded, "We are not willing to sacrifice these rights because of the acts of maniacs."
By contrast, Robert Bork dismisses the Second Amendment as a useless relic of bygone days. In his 1996 book Slouching Towards Gomorrah he writes that, "The Supreme Court has consistently ruled that there is no individual right to own a firearm" — a statement which is demonstrably untrue. Bork also writes:
"The Second Amendment was designed to allow states to defend themselves against a possibly tyrannical national government. Now that the federal government has stealth bombers and nuclear weapons, it is hard to imagine what people would need to keep in the garage to serve that purpose.''
Perhaps if Judge Bork had found himself besieged by gangs in post-Katrina New Orleans, he might have gained a healthy appreciation for the utility of SKS rifles and AR-15s in modern life. How much more would he have appreciated such hardware, had he found himself surveying the smoking ruins of an American city flattened by nuclear terror attack, devoid of police and swarming with brigands.
But Judge Bork is one of those men who cannot "imagine" what he has not personally experienced. And so the "brilliant" jurist discarded James Madison's handiwork as casually as he would a soiled Kleenex.
If this is brilliance, how exactly should we define stupidity?
In today's American Thinker, Thomas Lifson exposes the snobbery which underlies so many conservative denunciations of Harriet Miers. He writes:
"Thus we hear conservatives sniffing that a Southern Methodist University legal education is just too non-Ivy League, adopting a characteristic trope of blue state elitists. We hear conservatives bemoaning a lack of judicial experience, and not a single law review article in the last decade as evidence of a second rate mind."
The outrage certain conservative pundits have displayed in the face of President Bush's decision to elevate Harriet Miers over their Ivy League classmates may be understandable. But it is not helpful. Nor is it admirable.
I agree that lack of an Ivy League education etc. is a criticism that is not worthy of respect. However, should not reasonable criticism of Miers be allowed? Just as there are reasonable defenses of her?
You should have been here the day Bush picked Cheney for his VP; you think this was bad? Huh, it's nothing compared to THAT day.
I don't understand the "fight" thing either; lots of BLOODLUST on FR these last few days.
Wouldn't the Second Ammendment offer protection to a citizen of a states whose representatives wanted to take guns out of citizens hands?
She would not have been my first pick but she might turn out to be a good one.
The more I learn about her the better she does sound.
Good find. I am liking Harriet Miers better the more I learn about her. President Bush has made a good choice for the Supreme Court.
Wow! Good find. Thank you for posting it.
The lady is from Texas after all. ;)
I feel the same. Quite discouraged yesterday and early this morning, but not anymore.
Can't wait for the confirmation hearings.
Now that we have the 14th Amendment, if you believe in the full incorporation of the Second Amendment, then the Federal government has the power to over-ride ANY State law to enforce the Bill of Rights and the answer would be yes.
If you don't belive that the 14th gives the Feds powers to enforce the BOR against the States, the answer would be no.
That's the problem with the 14th. If you want Federal protection, you have to accept the perils including the way they have enforced the establishment clause against the States.
Yes, he is, and as someone else reminded me, he, too was criticized as being "unqualified."
Brit Hume had an old colleague of hers on; she was 25yrs old when he knew her...she was a REPUBLICAN and extremely CONSERVATIVE...from the mouth of Martin Frost, an X Congressman from Texas and a dembo. He said she's soft spoken but the senators should never think they can roll over her...she'll eat 'em up if they try.
Thank you for posting this. This sort of writing on her part affords a much better view of her views than any of the media frenzy.
When she starts getting hammered by the MSM and the lefty pressure groups and then the lefty senators we will find out what she is really like .
You took the words out of their context. She was talking about individuals in society needing to help others who have problems, troubles and cannot seem to function normally. SHE WAS NOT TALKING ABOUT JUDGES, COURTS, POLICE, THE LAWS ETC.
I've recently noticed a lot of Freepers being critical, if not intolerant, of fellow Freepers who criticize or dissent from President Bush. Do you guys want to squash:
a. all of those criticisms
b. the ones you don't agree with
c. the ones that aren't based on valid arguments
Good for you, Mr. Poe. I have read "Slouching Towards Gomorrah", and that particular remark about the Second Amendment that he made rubbed me the wrong way, too. Bork is not perfect. He was right about many things, but the right to keep and bear arms is not his strong suit.
At this point, I have no problem with Bush's pick. There are other things that the president could be doing better with, but this is not one of them. If anything, the administration waited far too long before trying to clear things up.
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