By Doug Newman
Posted at Liberty
Price of Liberty
Le Chateau de Hermione, Revolution Radio and Sierra Times.
People keep telling me that, if we are to thwart the tyranny imposed by a rogue liberal judiciary, we must support President Bush and his judicial nominees. Consider the following story.
Roy Moore, chief justice of the Alabama Supreme Court, was
suspended in late August for defying the order of a federal judge.
The First Amendment forbids Congress from making any law
“respecting an establishment of religion, or prohibiting the free exercise
The Republicans deserted
At the time of this writing,
If Pryor were a Democrat nominated for the federal bench by a Democratic president, the Republicans would be all over him like green on peas. But Pryor is a Republican, nominated by a Republican president, so he is ipso facto immune from all scrutiny. You know, like, dude, he is a Republican, so he is, like, for freedom and Christianity.
a President nominates someone to the federal bench, we hear all kinds of
highfalutin academic talk about
The first was inspired by former Libertarian presidential candidate Harry Browne: can the nominee read?
The Constitution – i.e. the job description for all federal officeholders -- is not written in Finnish, Cambodian or Swahili, but in English. Can a nominee, no matter how stellar his academic credentials, comprehend that the Constitution grants federal judges no power to issue arbitrary and capricious orders such as that issued by Judge Thompson? Can a nominee read and comprehend the Tenth Amendment, which enjoins the federal government from exercising any power not expressly granted to it by the Constitution?
My second question is this: where does law come from?
Does law come from the whims and impulses of those in power? Can the order of a president or a judge have the force of law? Can government do whatever it willy-nilly pleases?
Or does law have a higher origin? Is there such a thing as natural law? (The Clarence Thomas hearings in 1991 began to broach this issue before going off on all manner of tangents about pubic hair and skin flicks.) Is there a law that is antecedent to civil government? Do people have rights given to them by God and is government’s purpose the defense of these rights?
William Pryor would fail both parts of the Little Dougie Newman Judicial Litmus Test resoundingly. Pryor obviously cannot read the First and Tenth Amendments. Moreover, as far as he is concerned, whatever a federal judge says goes.
For all their supposed piety, Republicans are siding with someone – Pryor -- who believes government is the source of law and are ostracizing someone – Moore – who believes God is the source of law.
Does it really matter if Republicans or Democrats pick judges and justices? Consider the record.
· For 20 of the 22 years since Ronald Reagan took office, we have had Republican presidents and/or Republican Senate majorities.
· For 28 of the 34 years since Richard Nixon took office, we have had Republican presidents and/or Republican senate majorities.
· For 36 of the 50 years since Dwight Eisenhower took office, we have had Republican presidents and/or Republican Senate majorities.
The Pryor nomination is not just an isolated incident. Today we have a Republican president, a Republican Senate majority and Republican appointees filling seven of the nine Supreme Court slots. However, not one of the decisions that Republicans say they hate – decisions on abortion, school prayer, etc. -- has been overturned.
And yet Republicans – Remember: GOP stands for God’s Official Party -- still blame the long-haired, dope-smoking, maggot-infested, God-hating Democrats and their nominees for all the bad decisions that ooze out of the federal courts.
Democrats like Bill Clinton nominate slime to the federal bench, it is the duty
of Republican Senators to oppose such nominations. However, during the six of
While I am not going to vote for any Democrats in 2004 – I will vote Libertarian – the disreputable side of me hopes that a Democrat wins the White House. At least then those who say they believe in freedom will put up some semblance of opposition to the runaway federal government.
For more on this story, please see this link at World Net Daily.
Permission granted to publish if you e-mail me first and if you include this hyperlink.
Freely Speaking: Essays by Doug Newman
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