...she failed to dispel concerns on three constitutional issues that will doubtless come before the Court many times, on which Kagan is on the wrong side of the American people.
First, the scope of government power. Regarding the limits of federal power to regulate interstate commerce, Kagan refused to say whether a law requiring every American to eat three servings of vegetables a day would be unconstitutional.
That’s a shocking answer, given that any conservative (or even moderate) lawyer worth his salt (no pun intended) could quickly explain how such a law is beyond anything ever upheld by the High Court. This means she would vote to uphold the Obamacare individual mandate when it reaches the Court.
Her government-power views extend to free speech. Kagan essentially said she was just following orders when she argued last fall in the Citizens United case that the feds should be able to throw into prison for five years people from any group distributing pamphlets criticizing federal candidates within 60 days of an election.
So on one hand, government has unlimited power to tell you how to live your life. On the other, government can make it a felony for you to criticize its leaders during elections. Together, these make a mockery of the concept of limited government.
Second, national security. Kagan never explained away why she said it was “unfortunate” that a particular law would block foreign terrorists held by our military in places like Afghanistan’s Bagram Air Force Base from petitioning a civilian U.S. federal judge from ordering their release. That betrays an invasive view of judicial power to override national-security decisions and micromanage our military’s wartime efforts.
And third, Kagan opposes the Second Amendment right to own a gun. As I’ve previously written, she said she’s “not sympathetic” to those who argue that they have a right to a gun in their home for self-defense, she was immersed in Bill Clinton’s gun-control efforts, and she declined to file a brief supporting the Second Amendment in this year’s historic gun-rights case, McDonald v. Chicago.
Monday, July 05, 2010
Here's why the Examiner says conserviate Democrats should oppose the Supreme Court nominee: