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
"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
"We have received it [the Constitution] as the work of the assembled wisdom of the nation. We have trusted to it as to the sheet anchor of our safety in the stormy times of conflict with a foreign or domestic foe. We have looked to it with sacred awe as the palladium of our liberties, and with all the solemnities of religion have pledged to each other our lives and fortunes here and our hopes of happiness hereafter in its defense and support. Were we mistaken, my countrymen, in attaching this importance to the Constitution...? No. We were not mistaken. The letter of this great instrument is free from this radical fault...No, we did not err!...The sages...have given us a practical and, as they hoped, a permanent Constitutional compact...The Constitution is still the object of our reverence, the bond of our Union, our defense in danger, the source of our prosperity in peace: it shall descend, as we have received it, uncorrupted by sophistical construction, to our posterity..."
-- President Andrew Jackson, Proclamation of December 10, 1832
"[W]here is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths...?"
-- George Washington, Farewell Address
"Oaths in this country are as yet universally considered as sacred obligations."
-- John Adams
"We, the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow men who pervert the Constitution."
-- Abraham Lincoln
"Consider well the important trust...which God...[has] put into your hands...To God and posterity you are accountable for [your rights and your rulers]...Let not your children have reason to curse you for giving up those rights and prostrating those institutions which your fathers delivered to you...look well to the characters and qualifications of those you elect and raise to office and places of trust...Think not that your interests will be safe in the hands of the weak and ignorant; or faithfully managed by the impious, the dissolute and the immoral. Think not that men who acknowledge not the providence of God nor regard His laws will be uncorrupt in office, firm in defense of the righteous cause against the oppressor, or resolutely oppose the torrent of iniquity...Watch over your liberties and privileges - civil and religious - with a careful eye."
-- Matthias Burnett
"He has abdicated government here, by declaring us out of his protection and waging war against us."
-- the Declaration of Independence, indictment of King George III
In our day, America's political elites have also abdicated government here, by declaring entire classes of persons - boys and girls who are not yet born, the infirm, the aged - out of their protection. For more than forty years, they have waged war against those with the least ability to fight back.
Please sign the Equal Protection for Posterity Resolution today.
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Published by Tom & Siena Hoefling