WAKE UP AMERICA
Posted on 07/27/2010 9:40:05 PM PDT by EternalVigilance
Speaking of unalienable rights, the GOP’s handling of the Kagan nomination thus far offers new evidence that the Party’s current leadership remains obtusely indifferent to the tragic watershed Kagan’s nomination represents for the American republic. In response to a question by from Tom Coburn of Oklahoma, she refused to support the fundamental notion that all people have unalienable rights. With the deceitful pseudo-cleverness now characteristic of those hostile to the principles of the Constitution, she pretended that as a Supreme Court justice she would be obliged to deal only with the rights enumerated in the Constitution.
Of course this seemingly astute maneuver simply confirms her incompetent or willful ignorance of the Constitution’s provisions. The ninth amendment clearly states that “the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” Unless Kagan intends simply to ignore this provision of the Constitution (as she and her boss have ignored such provisions as the one that prescribes the eligibility requirements for the Presidency), she cannot pretend that as a Supreme Court justice she would have no Constitutionally prescribed duty to consider and safeguard the rights retained by the peope.
What are those rights? What is their basis? By what reasoning can the nature and substance of such rights be ascertained? Because of the ninth amendment, answering these questions is part of the duty of a Supreme Court Justice. Kagan claims to know nothing of this duty, and openly states that she will not fulfill it. This alone disqualifies her from service on the Supreme Court.
(Excerpt) Read more at loyaltoliberty.com ...
No matter which way you slice it, she’s a very unqualified candidate. America should be up in arms over this.
You know the Ninth was cited in Roe v. Wade as justification for including abortion among these unenumerated rights. I’m not sure what part it played in the ruling, though.
Kelo shouldn't have been a Fifth Amendment decision, but a Ninth Amendment one. The Fifth Amendment doesn't say takings may only be for public use. Rather, it says that takings which are for public use have to be compensated. The notion that people have a right to not have their property stolen for other people's private use was so bleeping obvious that the Founders saw no need to mention it.
I’m not aware of such an argument in Roe. Could you source that?
But, even if they did make such specious argument, the misuse of an Amendment to do the exact thing it says you can’t do is not any reason to throw out the principle or to further alienate the God-given, unalienable rights of the people.
Blackmun did admit in the Roe opinion that if the child is a person “of course” they are protected by the Fourteenth Amendment.
There is no longer any doubt whatsoever that the fetus, or child, is a person. It’s not even debatable scientifically.
Why sure. I absolutely remember that I read it some place some years ago. BWAHAHAHAHAHA!
Oh, but wait! The internet! Here we go:
Douglas joined the majority opinion of the U.S. Supreme Court in Roe, which stated that a federally enforceable right to privacy, "whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."
Here are a few selected FReeper comments to date:
In another article, titled “Regulation of Hate Speech and Pornography After R.A.V,” she writes, “I take it as a given that we live in a society marred by racial and gender inequality, that certain forms of speech perpetuate and promote this inequality, and that the un-coerced disappearance of such speech would be cause for great elation.”
Solicitor General Elena Kagan, President Barack Obama’s nominee to replace retiring Justice John Paul Stevens on the Supreme Court, helped craft President Bill Clinton’s political strategy for sustaining his veto of the partial-birth abortion ban in 1997. As a result of Clinton’s successful veto that year, the ban was not enacted until 2003, when it was signed by President George Bush.
I can settle the question for everyone on the site.(Harvard Connections, you know.) Kagan is gayer than Christmas in Port-au-Prince.
She’s in the back of the closet, just like Barney Frank was until he was outed and heroically made a virtue out of being a god-curséd sodomite SOB, as well as a crook.
Now, about her hard-core, real-orders-from-the-Kremlin-belong-to-a-cell, commie family. Dad was a big time commie union infiltrator.
Mommie was a commie.
Bro still is a big-time commie.
These Kagans are NYC commies from the 1930’s, 1940’s, type of people. Elena? Red Diaper baby type. Can sing the “Internationale,” but not the SSB.
Pull the old Kagan FBI Files.
Look ‘em up in the VENONA files. I hope every Republican Senator does.
You don’t have to have very many brain cells to know that Elena Kagan is a Pluto-bound abortion-loving socialist. The thought of that grinning overfed New York bull dyke on our Supreme Court for the next 30-40 years makes me weep for my country.
Chief Justice Roberts:
Kagan Asked Court to ‘Embrace Theory of First Amendment That Would Allow Censorship Not Only of Radio and Television Broadcasts, But Pamphlets and Posters’
Her heroes: Abner Mikva, Thurgood Marshall, Cass Sunstein (who believes the Constitution requires taxpayers to fund abortion and has proposed abolishing marriage - the pure Communist line since 1917) and Aharon Barak Israeli Supreme Court justice Aharon Barak (who has been called Israel’s “Big Brother”)
Keyes is tough. That alienates a lot of people, but he is often spot on.
When BO first slithered onto the national stage I thought he sounded reasonable and acceptable. Keyes soon put forth the whole BAIPA saga and BO’s despicable opposition to the bill. That told me everything I needed to know about BO. Everything since then has just been further confirmation of the abyssal emptiness of the man.
Very well put. I hope these statists start responding to my neighbor's First Amendment exercises, before this generation or the next uses the Second for its intended purposes.
Look ‘em up in the VENONA files. I hope every Republican Senator does.
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This nomination to me is zero hour for the GOP.
If an evidence tampering cull like her is not at least filibustered, I no longer need to ‘wait and see if they have learned’. They will have collaborated. ‘Nuff said.
The opinion of the Roe Court, written by Justice Harry Blackmun, declined to adopt the district court's Ninth Amendment rationale, and instead asserted that the “right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.” Stewart in his concurring opinion from the companion case Doe v. Bolton, stated more emphatically that, “The Ninth Amendment obviously does not create federally enforceable rights.” Thus, the Roe majority rested its opinion squarely on the Constitution's due process clause.
Thanks for that! Good post. Great Keyes article.
OK, me too :-)
If I recall correctly, the language that was used was that the “rights” cited in the decision “emanated from the penumbra” of the Constitution.
(Next we’ll have justices who will swear that the Constitution has a aura that glows red - with a star in the middle.)
Doctrine of Negative Rights... rights versus privileges... codes and regulations versus common law...
:: sigh ::
never mind...
“When BO first slithered onto the national stage I thought he sounded reasonable and acceptable.”
“Sounded” is the key word here. Yes, he’s very good at Sounding. One of the best.
Sadly, too many voters made the same mistake.
I always felt BO was fake. He creeped me out.
None of Obama’s crew has ever read the Constitution with intent to understand it and honor it. I suspect this is true of most “leaders” of both parties but the “progressives” are ignorant and proud of it.
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