The debacle in the committee hearing room in Austin, Texas last week exposed the core of the problem with abortion. It all comes down to the humanity, and the God-given, unalienable, equal rights of the individual child, and whether or not the perpetrators who seek to slaughter them will be punished in the same way other murderers are dealt with under the law.
In other words, it all came down to the same things it came down to in front of the Supreme Court in 1973. Prior to Roe vs. Wade, Texas had unjust, immoral, unconstitutional laws on the books that deprived the unborn child of their equal rights, and punished their murderers differently, and much more leniently, than the murderers of those fortunate enough to have passed through a birth canal. Which, of course, provided the pretext the wicked Blackmun court needed to dehumanize, to depersonify, the unborn child. Which, of course, then led to the cold-blooded, premeditated murder of more then sixty million innocent, helpless, defenseless children.
And what was the response of Pro-Life, Inc., and their faithful minions in the Texas legislature when presented with a just, constitutional bill that would criminalize all abortions in their state? They were steadfast in their determination to make the exact same moral, constitutional, and legal error that led to Roe in the first place, even though more than 98% of the more than three hundred citizens who testified in front of their committee spent more than eight hours, late into the night, explaining to them in great depth, in exquisite detail, why doing this would be a gross violation of the most sacred obligations of their solemn oaths.
And the innocent blood continues to flow.
Republicans are ecstatic about Senator Collins' remarks today announcing that she will vote to confirm Kavanaugh. I just watched a portion of that speech and don't share their enthusiasm. Her support for the nominee is based in the outrageous claim made by Kavanaugh in his testimony that he believes the concept of "stare decisis," or strict adherence to judicial precedent, to be rooted in the Constitution and Federalist #78, when nothing could be further from the truth.
In short, the GOP is "winning" another seat on the Supreme Court, by continuing to abjectly surrender our actual American form of constitutional republican self-government. A pyrrhic "victory" if there ever was one.
It's a slow-moving but steady coup d'etat, and the people are, sadly, too ignorant of what our government is supposed to be to see what's right in front of their face.
“You seem . . . to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.” (Thomas Jefferson, Letter to William Jarvis, Sept. 28, 1820)
“…The candid citizen must confess that if the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased to be their own rulers, having, to that extent, practically resigned their government into the hands of that eminent tribunal.” (Abraham Lincoln, First Inaugural Address)
“There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid.”
-- Alexander Hamilton, The Federalist Papers, #78.
In the exact same way, of course, no judicial opinion, therefore, contrary to the Constitution, can be valid.
“Every law consistent with the Constitution will have been made in pursuance of the powers granted by it. Every usurpation or law repugnant to it cannot have been made in pursuance of its powers. The latter will be nugatory and void.”
-- Thomas Jefferson, Elliot, p. 4:187-88.
What the Democrats are doing with the Kavanaugh nomination is shameless and despicable. And the Republican response is pathetic and feckless.
All of which misses the real point.
Brett Kavanaugh thinks that ours is a system of, and I quote, "absolute vertical stare decisis."
Allow me to translate that. Kavanaugh is a judicial supremacist. He believes that we live in a judicial oligarchy, instead of a constitutional republic. He thinks that the courts make our laws, when, in fact, the Constitution grants law-making power only to the legislative branch. He thinks that all officers of government, even in the other branches, are subservient to the Supreme Court and its immoral, unconstitutional opinions, instead of duty-bound by their own oaths of office to support and defend the Constitution.
Brett Kavanaugh is unqualifed for any high public office, not because of unprovable charges about things he may or may not have done in high school more than three decades ago, but because he has no real understanding of the moral basis of the law, the real requirements of the Constitution, or the proper role of the branch of government in which he serves, and aspires to serve at the highest level.
Carefully consider the wise words of warning below from Hamilton, Jefferson, and Lincoln:
"The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments. This simple view of the matter suggests several important consequences. It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power." -- Alexander Hamilton, Federalist #78
“Nothing in the Constitution has given them [the federal judges] a right to decide for the Executive, more than to the Executive to decide for them. . . . The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.” -- Thomas Jefferson, Letter to Abigail Adams, September 11, 1804
“Our Constitution . . . intending to establish three departments, co-ordinate and independent that they might check and balance one another, it has given—according to this opinion to one of them alone the right to prescribe rules for the government of others; and to that one, too, which is unelected by and independent of the nation. . . . The Constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.” -- Thomas Jefferson, Letter to Judge Spencer Roane, Sept. 6, 1819
“You seem . . . to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so . . . and their power [is] the more dangerous, as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with corruptions of time and party, its members would become despots.” -- Thomas Jefferson, Letter to William Jarvis, Sept. 28, 1820
"At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government." -- Thomas Jefferson, Letter to A. Coray, October 31, 1823
“…The candid citizen must confess that if the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased to be their own rulers, having, to that extent, practically resigned their government into the hands of that eminent tribunal.” -- Abraham Lincoln, First Inaugural Address
You can count those of us here at Life and Liberty as a "NO" on the Kavanaugh nomination to the Supreme Court.
Judge Kavanaugh is clearly a judicial supremacist who thinks judges make our laws, and that judicial precedent takes precedence over his oath to establish justice and support and defend the Constitution.
"We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge or gallantry would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution is designed only for a moral and religious people. It is wholly inadequate for any other."
-- John Adams
“Hold on to the Constitution, for if the American Constitution should fail, there will be anarchy throughout the world.”
-- Daniel Webster, U.S. Senator, 1851
"Other misfortunes may be borne, or their effects overcome. If disastrous war should sweep our commerce from the ocean, another generation may renew it; if it exhaust our treasury, future industry may replenish it; if it desolate and lay waste our fields, still, under a new cultivation, they will grow green again, and ripen to future harvests. It were but a trifle even if the walls of yonder Capitol were to crumble, if its lofty pillars should fall, and its gorgeous decorations be all covered by the dust of the valley. All these might be rebuilt. But who shall reconstruct the fabric of demolished government ? Who shall rear again the well-proportioned columns of constitutional liberty? Who shall frame together the skilful architecture which unites national sovereignty with State rights, individual security, and public prosperity? No, if these columns fall, they will be raised not again. Like the Coliseum and the Parthenon, they will be destined to a mournful, a melancholy immortality. Bitterer tears, however, will flow over them, than were ever shed over the monuments of Roman or Grecian art; for they will be the remnants of a more glorious edifice than Greece or Rome ever saw, the edifice of constitutional American liberty."
– Daniel Webster, The Character of Washington, February 22, 1832; Works 1:231
"Governments, in general, have been the result of force, of fraud, and of accident. After a period of six thousand years has elapsed since the Creation, the United States exhibit to the world, the first instance, as far as we can learn, of a nation, unattacked by external force, unconvulsed by domestic insurrections, assembling voluntarily, deliberating fully, and deciding calmly, concerning that system of government, under which they would wish that they and their posterity should live."
– James Wilson, speech at the Pennsylvania Convention, November 24, 1787
“The great objects which presented themselves were 1. to unite a proper energy in the Executive, and a proper stability in the Legislative departments, with the essential characters of Republican Government. 2. to draw a line of demarkation which would give to the General Government every power requisite for general purposes, and leave to the States every power which might be most beneficially administered by them. 3. to provide for the different interests of different parts of the Union. 4. to adjust the clashing pretensions of the large and small States. Each of these objects was pregnant with difficulties. The whole of them together formed a task more difficult than can be well conceived by those who were not concerned in the execution of it. Adding to these considerations the natural diversity of human opinions on all new and complicated subjects, it is impossible to consider the degree of concord which ultimately prevailed as less than a miracle.”
-- James Madison, the father of the U.S. Constitution
"... to consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps. Their maxim is “boni judicis est ampliare jurisdictionem,” and their power the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves. If the legislature fails to pass laws for a census, for paying the judges and other officers of government, for establishing a militia, for naturalization as prescribed by the Constitution, or if they fail to meet in congress, the judges cannot issue their mandamus to them ; if the President fails to supply the place of a judge, to appoint other civil or military officers, to issue requisite commissions, the judges cannot force him. They can issue their mandamus or distringas to no executive or legislative officer to enforce the fulfilment of their official duties, any more than the President or legislature may issue orders to the judges or their officers. Betrayed by English example, and unaware, as it should seem, of the control of our Constitution in this particular, they have at times overstepped their limit by undertaking to command executive officers in the discharge of their executive duties ; but the Constitution, in keeping three departments distinct and independent, restrains the authority of the judges to judiciary organs, as it does the executive and legislative to executive and legislative organs. The judges certainly have more frequent occasion to act on constitutional questions, because the laws of meum and tuum and of criminal action, forming the great mass of the system of law, constitute their particular department. When the legislative or executive functionaries act unconstitutionally, they are responsible to the people in their elective capacity. The exemption of the judges from that is quite dangerous enough. I know no safe depository of the ultimate powers of the society but the people themselves ; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power."
-- Thomas Jefferson, letter to William Charles Jarvis
"Every word employed in the Constitution is to be expounded in its plain, obvious, and common sense, unless the context furnishes some ground to control, qualify, or enlarge it. Constitutions are not designed for metaphysical or logical subtleties, for niceties of expression, for critical propriety, for elaborate shades of meaning, or for the exercise of philosophical acuteness or judicial research. They are instruments of a practical nature, rounded on the common business of human life, adapted to common wants, designed for common use, and fitted for common understandings. The people make them, the people adopt them, the people must be supposed to read them, with the help of common-sense, and cannot be presumed to admit in them any recondite meaning or any extraordinary gloss."
-- Joseph Story, Constitution (5th ed.) 345, SS 451.
"Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes."
-- Benjamin Franklin, letter to Jean-Baptiste Leroy, 1789
Alan Keyes counters 'religious freedom' claim regarding contraceptive mandate
In my WND column last Friday, I pointed out that “every assertion of a fundamental human right necessarily relies in turn upon an assertion about what is right.” Today this fact is more often than not ignored, even by Americans who profess to be ardent defenders of the liberty America’s founders intended to establish and preserve. Madison succinctly summarized the founders’ understanding when he said that “Justice is the end of government, it is the end of civil society. …” But the Declaration of Independence makes clear that the end or aim of the institution of government is to secure God-endowed unalienable rights. (“To secure these rights governments are instituted among men. …”) Justice is thus identified with the security (safe existence) of unalienable rights, because both are identified as the singular end or aim of government. (If A=C and B=C, then A=B.)
This appears even more plainly when we recall that the root of justice (Latin “iustus”) is right (Latin “ius” or “ious”). But in the context of the Declaration’s stated purpose for government, God endows right (i.e., He provides the “income” that establishes it; He determines what goes into it; He is the source of its conceptual substance or meaning). In the Declaration America’s founders declare that the colonies “are, and of right ought to be free and independent States. …” Their free condition is thus identified as a matter or right, a consequence of the substance or meaning which God endows their nature. By invoking their natural right they invoke the authority of the Creator, which is its source and substantiation.
Since the founders’ assertion of freedom invokes the authority of the Creator, the validity of the assertion depends on its conformity with the substance or meaning of right established by that authority. But this dependency has a consequence. It restricts the assertion of freedom within boundaries determined by this conformity to God-endowed right. Freedom is therefore not an unlimited potential for action. The assertion of freedom is valid only for action in conformity with the substance or meaning of right as established (endowed) by the Creator.
By this straightforward logic Abraham Lincoln was bound to conclude that one cannot have the right to do what is wrong. If it is wrong, for instance, to murder innocent people, one cannot claim to do so as a matter of right. If it is wrong, by enslaving them, to violate their God-endowed liberty, one cannot claim to do so as a matter of right.
Read this story at wnd.com ...
"In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature."
-- James Madison, Federalist No. 52, 1788
_"On the other hand, the duty imposed upon him [the president] to take care, that the laws be faithfully executed, follows out the strong injunctions of his oath of office, that he will "preserve, protect, and defend the constitution." The great object of the executive department is to accomplish this purpose; and without it, be the form of government whatever it may, it will be utterly worthless for offence, or defence; for the redress of grievances, or the protection of rights; for the happiness, or good order, or safety of the people."
-- Joseph Story, Commentaries on the Constitution, 1833
"The construction applied ... to those parts of the Constitution of the United States which delegate Congress a power ... ought not to be construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument."
-- Thomas Jefferson, Draft Kentucky Resolutions, 1798
"Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction."
-- Thomas Jefferson, letter to Wilson Nicholas, 1803
"If it be asked, What is the most sacred duty and the greatest source of our security in a Republic? The answer would be, An inviolable respect for the Constitution and Laws -- the first growing out of the last. ... A sacred respect for the constitutional law is the vital principle, the sustaining energy of a free government."
-- Alexander Hamilton, Essay in the American Daily Advertiser, 1794
"In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution."
-- Thomas Jefferson, fair copy of the drafts of the Kentucky Resolutions of 1798
"A constitution founded on these principles introduces knowledge among the people, and inspires them with a conscious dignity becoming freemen; a general emulation takes place, which causes good humor, sociability, good manners, and good morals to be general. That elevation of sentiment inspired by such a government, makes the common people brave and enterprising. That ambition which is inspired by it makes them sober, industrious, and frugal."
-- John Adams, Thoughts on Government, 1776