The very power of the Supreme Court to exercise judicial review derives precisely from the Court’s being empowered by the pre-constitutional sovereignty of the people, who have an inalienable right to protect themselves from any undue state restraints on such sovereign rights (see Empire of Liberty, Gordon S. Wood, pages 443, 448 — 451).
And now, proposed to be intruded into that temple of justice — that last fail-safe of freedom — comes the form of Elena Kagan: cold to the very passion of our Declaration of Independence. Ignorant of its animating powers. Insentient of its still-governing force. And — thankfully — oblivious even to her need to attempt to hide her true scorn and indifference.
It is a dead certainty that, if she is admitted to the High Court, the day will come when she will cast aside — carelessly, indifferently, and without pause, and with a leering smile and a chuckle on her lips — our sacred birthrights as so much nuisance and interference with the government’s right to direct our lives as it, or she, sees fit.
She must be barred from the Court.
Forty-one filibustering senators can save the Republic this week, or all 99 will surely be condemned by history for their failure to act when they had the legal power to do so.
The senators have had their warning: Side with Abraham Lincoln and the Republic or with Elena Kagan. Which will it be?
Wednesday, July 14, 2010
From The National Review: