Posted on 07/27/2005 9:22:57 AM PDT by smoothsailing
Schumer Confesses to Not Understanding Constitution
By Henry Mark Holzer
FrontPageMagazine.com
July 27, 2005
United States Senator "Chuck" Schumer's broke his own stupidity record the other day following President Bush's announcement of John Roberts nomination to the Supreme Court.
In a tag-team appearance with Senator Pat Leahy (D. Vt.), ranking minority member of the Judiciary Committee, Schumer confessed to the Nation that neither he, Leahy, nor the Democrat party for whom he spoke, understands a fundamental principle of American constitutionalism: separation of powers. Indeed, ever since Schumer confessed, his echo has been heard as Democrat functionaries (e.g., Kennedy, Biden, Durbin, Pelosi) have made the same confession that they, too, do not understand one of the three basic pillars upon which our Republic stands.
All of them, and for that matter most of the media, have been demanding that judicial nominee Roberts "answer questions." That Roberts explain his position on abortion, that he reveal where he stands on affirmative action, that he disclose how he would rule on capital punishment, that he divulge his stand on eminent domain—that, in effect, he make known the platform on which he is running for a seat on the Supreme Court of the United States.
From the perspective of the Democrats, this is entirely understandable, even defensible—because they do not understand Separation of Powers, and thus the Constitution's mandated role for a judge in the American system of government, believing instead that the judiciary is simply another political branch. The Democrats see judges—Warren, Brennan, Douglas, Blackmun, Stevens, Ginsburg—as legislators, promulgating from the bench their own social, economic, and even moral, programs, not interpreting the Constitution and laws passed by the politically accountable actual legislature, i.e., Congress.
John Roberts is not a candidate for the Nowhereville Town Council, where the voters would want to know (and would have a right to know) where he stands on building a new senior citizen center, or whether Walmart can open a superstore. He is not even running for a senate seat in Vermont, where voters have questions about dairy subsidies, or in New York, where Long Islanders want to know about shore erosion.
He is a nominee to a judgeship where his task is not to legislate (Article I of the Constitution), but rather to serve under Article III: "The judicial power of the United States, shall be vested in one supreme Court . . . ." That "judicial power" is the power to interpret and apply the Constitution and laws promulgated not by judges, but by legislators.
It is bad enough that the Democrats don't—or won't—understand this, but apparently they've succeeded in selling their bogus view of American constitutionalism to the American people. Last Friday, the Associated Press reported that "Just over half of all Americans—and a solid majority of women—want to know John Roberts' position on abortion . . . ." Not just the "pro-choice" side, but also those who oppose abortion.
The fact is that no one is entitled to know what John Roberts thinks about abortion—or gay marriage, capital punishment, gun control, self-incrimination, free speech, warrantless searches, compulsory process, the commerce clause—or the price of tea in China.
The Judiciary Committee and the full Senate are entitled to know from President Bush's nominee for an Associate Justiceship on the Supreme Court of the United States basically one thing: what does John Roberts believe is the constitutional function of courts in general, and the Supreme Court in particular—and of the judges who sit on those courts.
Until the Republicans extricate themselves from the judges-as-legislators mindset the Democrats have engineered—and in the process educate the American people about Separation of Powers, as the doctrine applies to John Roberts—they are playing the Democrats' game, and perhaps holding a losing hand.
I believe it's a good idea to have all candidates for national office take a test on the Constitution. It should be law. Maybe I can write a bill and introduce it to my Senators (Isakson and Chamblis) since they don't do anything anyway.
I know they have made law...where did Roe v. Wade come from..or Lawrence v. Texas...or the 10 Commandments...
But, they aren't SUPPOSED to make law, and the dems WANT them to, and act like it IS their job to make the laws of this country...
Fascists only understand the exercise of power. The concept of restraint is alien to them.
The problem is that most of the public and the media have little or no idea of what's in the Constitution or what the various sections mean.
Clever, amoral left-wing radical legislators take advantage of this lack of knowledge and education and step right into the vacuum.
Leni
I had fallen for the dummy label until I read that he scored 1600 on his SAT as a young man.
He's not stupid,he's a cunning partisan politician(And I can't stand him!)
IMHO, the stupid stuff is just an offshoot of the coarsening of our society.
it's a windoze media 9 broadband audio file. it's chuckie and teddy doing a rap piece on "mainstream" nominees :)
Well, a rare moment of honesty from Upchuck.
LOL, Ain't that the truth. But that's about to change, but it will take time (and a couple more SCOTUS appointments)...
The Judiciary Committee and the full Senate are entitled to know from President Bush's nominee for an Associate Justiceship on the Supreme Court of the United States basically one thing: what does John Roberts believe is the constitutional function of courts in general, and the Supreme Court in particular—and of the judges who sit on those courts.
Until the Republicans extricate themselves from the judges-as-legislators mindset the Democrats have engineered—and in the process educate the American people about Separation of Powers, as the doctrine applies to John Roberts—they are playing the Democrats' game, and perhaps holding a losing hand.
Great article Bump.
Chuckie Schumer doesn't know the Constitution! What a surprise! Then why did the voters from his district send him to the Congress, and why did the voters of New York state elect him to the Senate?
Hey, Chuckie, here's all you need to know about the Constitution: It says in black and white that you will keep your grubby little hands off my guns!
LOL!
"(and a couple more SCOTUS appointments)..."
We can only pray.
That's simply not true. The anti-gunners, for example, "interpret" the Militia clause of the Second Amendment to mean that some arms can be outlawed. That interpretation is wrong and the only way to correct it is to see that justices who can interpret properly are appointed to the Supreme Court.
Simply allowing legislatures free reign is not the solution to our problems. There are a myriad of issues that our government should not be involved in and there are protections that the government should be enforcing that they are not.
Judicial review is a necessary check on what would otherwise be the unchecked power of the state.
The Judiciary Committee and the full Senate are entitled to know from President Bush's nominee for an Associate Justiceship on the Supreme Court of the United States basically one thing: what does John Roberts believe is the constitutional function of courts in general, and the Supreme Court in particular—and of the judges who sit on those courts.
I would add one other crucial element, which, I conclude, our Founders considered paramount: they have the right to know the nominee's character.
You betcha that they understand it - and they DO care...about removing its inconvenient impediments to the implementation of their Socialist utopia (where they are on top of things, of course).
BTW, if the headline was supposed to be news regarding Chuck the Schmuck, it wasn't. The gun-grabbing socialist SOB has been advertising his ignorance of the 2nd Amendment to the Constitution for decades, always with a big smile on his face (like a village idiot who knows what he is and revels in it).
I would dearly love to see the people of NY promote Schmucky to the private sector, but the majority of those in and near NYC understand the Constitution even less well than Schmucky appears to. They love him, the sheep. He'll retire when he drops dead.
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