Posted on 10/23/2005 7:52:28 AM PDT by Crackingham
--b--
By precedent I assume he means judicial legislation.
"The Constitution not only sets limits on official power, Breyer asserts; it insures the right of ordinary citizens to shape the workings of government"
Law students are taught that there are 3 basic rules in statutory construction: read the statute; read the statute; read the statute. Law is not rocket science and the US Constitution is not a penumbra. When elaborate intellectual contortions are applied to devise some elusive 'true meaning', the document is subjected to torture that be turned around to justify slavery, tyranny and despotism.
Breyer is an insult to the Constitution.
When democrats picks a liberal to be a Supreme Court Justice they get one.
Has Professor Tribe ever heard of Dredd Scott?
When you can't win at the ballot box, you try to win through the courts. The Democrats may finally lose control of the courts. Like a cornered wild animals, they are going to put up one hell of a fight.
There were two votes, not just the five to four vote. In a 7-2 per curiam opinion, the court ordered that a ballot recount then being conducted in certain counties in Florida was to be stopped due to lacking a consistent standard. The court further declared, in a 5-4 vote, that there was insufficient time to establish standards for a new recount that would meet Florida's deadline for certifying electors.
The MSM likes to ignore the 7 to 2 vote because it demolishes the myth that SCOTUS gave Bush the election based on partisan motives. In fact, Bush would have won anyway because the Florida legislature was prepared to give Bush the electoral votes and the GOP controlled House of Reps would have done likewise.
You beat me to it.
The biggest fear of the left is the best hope for our country.
That's better.
There are no Constitutional conservatives in the House unless there is a motion to impeach Breyer on the table. There is no majority of conservatives in the House until Breyer is impeached. Until Breyer is impeached the Senate is irrelevant and members of the House that believe the opinion of the Senate is relevant before Breyer is impeached are not conservative.
The reality is that the Constitution is irrelevant as long as anyone believes that it is a political document subject to majority rule. People who accept the idea that the Constitution is subject to the political process do not understand the theory of our government as opposed to the present reality. When we abandon all pretext of being a Constitutional republic and become a democracy, there will be no reason for conservatives to consider living in proximity with socialists.
If the Constitution becomes purely a political instrument as Breyer advocates, the glue that holds the union together will quickly dissolve and there will be absolutely nothing to prevent a civil war.
At least Clinton had the fortitude to nominate the best liberal(s) he could to the bench. We don't need a yes woman; we need someone who can forcefully articulate and aggressively promote conservative principles.
I think it is important to bring it up every time there is a discussion about Bush v. Gore. The Democrats and their media are trying hard to rewrite history. If you repeat a lie often enough most people will eventually accept it as the truth.
The fact is that 7 out of 9 Justices recognized that what the Democrats were trying to do in Florida was unconstitutional. The majority included O'Connor, Souter and Breyer. Only the two most left wing partisans on the Court, Ginsburg and Stevens, refused to acknowledge the travesty that the Democrats were attempting in Florida. It is a fact that the Democrats really, really don't like.
This illustrates the problem with the Miers' nomination in a nutshell.
Breyer, although dangerously wrong and malinformed in the direction he wants to lead the nation through the mechanism of judicial legislating, is unquestionably highly intelligent, well written, and knows the field of battle extremely well. He is an idea man, and ideas have consquences.
Against this malevolent power (and three just like him on the SCOTUS) Bush proposes to send borderlne illiterate Harriet Miers, a nominee openly extolled by her FR defenders for her nonexistent preparation, woeful constitutional disinterest, and lack of any meaningful qualifications apart from lackluster service in elected honofiric positions such as state bar president.
It would be a more equal fight to send a sock puppet up to do battle with Godzilla.
And no, Miers is not brave fresh-faced David facing a heavily armored and battle scarred Goliath. Miers is a 60 year old social worker wannabe who, if she were in David's sandals, would still be strugging to understand the physics of a sling.
Through the legislative and referendum process, ordinary citizens participate in the workings of government. But then judges like Breyer overturn the will of the people.
Liberal activist judges like Breyer continually assert that the Constitution only means what THEY say it means based on the chic political correctness of the day. They try to pretend that the document does NOT include any mechanism for its own amendment.
And for all the blather about "informed participation in the electoral process", it rings awfully hollow considering all the recent elections, particularly state propositions, that Breyer and his liberal brethren have nullified across the country with a single stroke of the pen. Basically, Breyer is a sneak and a brazen liar. I cannot give him the benefit of the doubt that he is merely self-deluded.
Too bad he can suck down French political swill but never had time to read the prolific writing of the Founders. If he had, he wouldn't have to "guess" at their intent. What a steaming pile from Hahvahd Yahd.
That is exactly what Tribe means. Thank God his time has passed. Unfortunately, there's plenty more egomaniacal liberal activist scumbags where he came from.
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