Dem senator: Justice Kennedy's resignation a 'disaster' for vision of 'We the People'

The Hill ^ | 06/27/18 | Avery Anapol

[yesthatjallen]

Sen. Jeff Merkley (D-Ore.) on Wednesday lamented the retirement of Supreme Court Justice Anthony Kennedy as “a disaster” for “We the People.”

The 81-year-old Kennedy, an appointee of former President Ronald Reagan's, who has long been considered a “swing vote” on the court, announced his retirement on Wednesday.

“This is a disaster for everyone who believes in the 'We the People' vision of the Constitution,” Merkley tweeted.

In a follow-up tweet, Merkley noted that he was “worried” about the standing of Roe v. Wade, the landmark Supreme Court decision that legalized abortion.

Kennedy’s retirement opens the door for President Trump to nominate a second conservative justice to the Supreme Court. Anti-abortion advocates are expected to pursue more cases if the court leans right.

Emboldened by the Trump administration, anti-abortion advocates have been gearing up to potentially move to overturn Roe v. Wade.

Trump said he will immediately begin his search for Kennedy's replacement.

[Altura Ct.]

Wrong! It is EXACTLY what we the people need.

[Trillian]

The democrats don’t give a damn about the constitution or the American people. Their fake outrage is out of control lately.

[Catmom]

The wise Latina hasn’t been in such great shape, either.

[SKI NOW]

If Avery is worried about “the ‘We the People’ vision of the Constitution,””, then he should just endorse the idea of an state by state up or down vote on abortion, with the courts just staying out of it.

[Vendome]

[Col Frank Slade]

Time for a nice cold beer !

[Responsibility2nd]

Heh. The DUmmies even have their own version of Laz.

6. We are so screwed.

For the rest of my life, we are so screwed.

https://www.democraticunderground.com/10142096216

[Richard Axtell]

What does the Left’s distortion and degradation of the Constitution, taking away any semblance of association with “the people” have to do with this? What was the HR number the “Roe vs Wade” “law” was voted on and passed House and then the Senate? When Leftists squeal, you are on the right track.

[JME_FAN]

“This is a disaster for everyone who believes in the 'We the People' collectivist vision of the Constitution new world order,” Merkley tweeted. Fixed it.

[rlmorel]

Yep. They would have mercilessly crushed us with the groundwork they laid, and they fully intended to do it, too.

The sentiment behind “To crush your enemies, see them driven before you, and to hear the lamentations of their women” is entirely appropriate here.

We must not just defeat them, we must drive them from the battlefield.

[loveliberty2]

Far from being a "disaster," in this critical moment in America's history, Justice Kennedy may have made the most positively wise and beneficial-to-liberty decision of his long career on the bench.

The Constitutional Structure For Limited And Balanced Government

The Constitution was devised with an ingenious and intricate built-in system of checks and balances to guard the people's liberty against combinations of government power. It structured the Executive, Legislative, and Judiciary separate and wholly independent as to function, but coordinated for proper operation, with safeguards to prevent usurpation of power. Only by balancing each against the other two could freedom be preserved, said John Adams. Another writer of the day summarized clearly the reasons for such checks and balances:

• "If the LEGISLATIVE and JUDICIAL powers are united, the MAKER of the law will also INTERPRET it (constitutionality).
• Should the EXECUTIVE and LEGISLATIVE powers be united... the EXECUTIVE power would make itself absolute, and the government end in tyranny.
• Should the EXECUTIVE and JUDICIAL powers be united, the subject (citizen) would then have no permanent security of his person or property."

"INDEED, the dependence of any of these powers upon either of the others ... has so often been productive of such calamities... that the page of history seems to be one continued tale of human wretchedness." (Theophilus Parsons, ESSEX RESULTS)

What were some of these checks and balances believed so important to individual liberty? Several are listed below:

• HOUSE (peoples representatives) is a check on SENATE - no statute becomes law without its approval.
• SENATE is a check on HOUSE - no statute becomes law without its approval. (Prior to 17th Amendment, SENATE was appointed by State legislatures as a protection for states' rights - another check the Founders provided.)
• EXECUTIVE (President) can restrain both HOUSE and SENATE by using Veto Power.
• LEGISLATIVE (Congress - Senate & House) has a check on EXECUTIVE by being able to pass, with 2/3 majority, a bill over President's veto.
• LEGISLATIVE has a further check on EXECUTIVE through power of discrimination in appropriation of funds for operation of EXECUTIVE.
• EXECUTIVE (President) must have approval of SENATE in filling important posts in EXECUTIVE BRANCH.
• EXECUTIVE (President) must have approval of SENATE before treaties with foreign nations can be effective.
• LEGISLATIVE (Congress) can conduct investigations of EXECUTIVE to see if funds are properly expended and laws enforced.
• EXECUTIVE has a further check on members of LEGISLATIVE (Congress) in using discretionary powers in decisions regarding establishment of military bases, building & improvement of navigable rivers, dams, interstate highways, etc., in districts of those members.
• JUDICIARY is a check on LEGISLATIVE through its authority to review all laws and determine their constitutionality.
• LEGISLATIVE (Congress) has restraining power over JUDICIARY, with con­stitutional authority to restrict extent of its jurisdiction.
• LEGISLATIVE has power to impeach members of JUDICIARY guilty of treason, high crimes, or misdemeanors.
• EXECUTIVE (President) is a check on JUDICIARY by having power to nominate new judges.
• LEGISLATIVE (Senate) is a check on EXECUTIVE and JUDICIARY having power to approve/disapprove nominations of judges.
• LEGISLATIVE is a check on JUDICIARY - having control of appropriations for operation of federal court system.
• LEGISLATIVE (Peoples Representatives) is a check on both EXECUTIVE and JUDICIARY through power to initiate amendments to Constitution subject to approval by 3/4 of the States.
• LEGISLATIVE (Senate) has power to impeach EXECUTIVE (President) with concurrence of 2/3, of members.
• The PEOPLE, through their State representatives, may restrain the power of the federal LEGISLATURE if 3/4 of the States do not ratify proposed Constitu­tional Amendments.
• LEGISLATIVE, by Joint Resolution, can terminate certain powers granted to EXECUTIVE (President) (such as war powers) without his consent.
• It is the PEOPLE who have the final check on both LEGISLATIVE and EX­ECUTIVE when they vote on their Representatives every 2 years, their Senators every 6 years, and their President every 4 years. Through those selections, they also influence the potential makeup of the JUDICIARY.

It is up to each generation to see that the integrity of the Constitutional structure for a free society is maintained by carefully preserving the system of checks and balances essential to limited and balanced government. "To preserve them (is) as necessary as to institute them," said George Washington.

---

Footnote: Our Ageless Constitution, W. David Stedman & La Vaughn G. Lewis, Editors (Asheboro, NC, W. David Stedman Associates, 1987) Part III:  ISBN 0-937047-01-5

[Mr Ramsbotham]

How in the world can you view the appointment of a strict Constitutional Justice as a ‘disaster” for anyone, much less any American Citizen?

It's easy, when the Constitution is the primary impediment to your happiness.

[The Sons of Liberty]

Dem senator: Justice Kennedy's resignation a 'disaster' for vision of 'We the People'

ANY dem "vision" of 'We the People' would be a nightmare of Biblical proportions.

[loucon]

After that they can use the aspirin birth control method. Pinch an aspirin between your knees and hold it their.

[IronJack]

Cuz “We the People” actually means “Only We Liberal Loons.”

[freedumb2003]

>>4. Kill me now, just kill me now. :(<<

Cue the lyrical version of “Theme from M*A*S*H.”

Their tears are SOOOO DELICIOUS!!!!

[ealgeone]

"Elections have consequences, and at the end of the day, I won. So I think on that one I trump you.”

Barack Hussein Obama

[eyedigress]

The DU is in total meltdown.

In regards to McConnell, who the left managed to thoroughly piss off this week anyway.......

He's not going to wait for a Democratic administration. It's the end of the liberal Era that started in the 60s. The US will be a Trumpian conservative country for the rest of our lives. History might actually proclaim Trump as one of our greatest presidents because the victors write the history. goodbye human rights, hello global warming.

[jetson]

Everything is falling into place nicely.

[gov_bean_ counter]

Just wait until Dems figure out that Ginsburg’s doctor is a Taxidermist...