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  • Morning Bell: The Limitless Power of the Obama-Kagan Congress

    This Sunday, our nation will celebrate Independence Day, which commemorates the Continental Congress’ adoption of the Declaration of Independence on July 4, 1776. Thomas Jefferson’s Declaration preamble reads: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” The fact that we as a nation came together every year to celebrate this document might lead many Americans to believe that a Supreme Court Justice should take the Declaration of Independence into account when they are interpreting the Constitution. Elena Kagan is not one of those Americans. Under questioning from Sen. Tom Coburn (R-OK) yesterday, Kagan admitted: “To be honest with you, I don’t have a view of what are natural rights independent of the Constitution.”

    And Kagan’s disturbing indifference to the existence of natural rights is just one of the many frightening revelations her confirmation hearing has produced. On Tuesday, Sen. Coburn pressed Kagan about the limits the Constitution places on Congress’ power to control what Americans do:

    Coburn: If I wanted to sponsor a bill and it said Americans, you have to eat three vegetables and three fruits every day and I got it through Congress and that’s now the law of the land, got to do it, does that violate the Commerce Clause?

    Kagan: Sounds like a dumb law

    Coburn: Yeah, but I got one that’s real similar to it that I think is equally dumb. I’m not going to mention which it is.

    Kagan: But I think that the question of whether it’s a dumb law is different from whether the question of whether it’s constitutional and I think that courts would be wrong to strike down laws that they think are senseless just because they’re senseless.

    The law Coburn was referring to, of course, was President Barack Obama’s signature legislative accomplishment: the Obamacare provision that forces all Americans to buy health insurance. But Jefferson and the other Constitution framers designed the document to protect our “unalienable Rights” by limiting the power of Congress. They designed an ingenious system of checks and balances that divides state and federal authority in the hope of preventing any one government from exerting too much control over a free people. Specifically, Article I allocates to Congress “[a]ll legislative powers herein granted,” and section 8 of Article I (referred to by Sen. Coburn above as the Commerce Clause), grants Congress the authority “[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes.” The Supreme Court has always understood that, taken together, these clauses put some legislative powers beyond Congress’ reach.

    But Kagan has now testified that not only does she find the Founders’ concept of “unalienable Rights” irrelevant to Constitutional interpretation, but she also declined to say if the Constitution prevents Congress from telling Americans what to eat.  Her evasive non-response to Coburn’s Commerce Clause inquiry shows that she would indeed be a rubber-stamp for almost any part of the Obama agenda that Congress enacts. So if the Obama administration convinced Congress (and this is a total hypothetical) that the survival of a single car company, let’s say Chrysler, was absolutely necessary for the survival of the nation’s economy, and Congress then passed a law forcing all Americans to buy a Chrysler car, Kagan would find such a law, while perhaps “dumb,” perfectly constitutional. Jefferson must be rolling in his grave.

    The leftist members of the Senate Judiciary Committee know that the Obamacare individual mandate is extremely vulnerable to being struck down by the Supreme Court. That is why they have spent so much of the hearing trying to redefine what “judicial activism” is. As Heritage Deputy Director of the Center for Legal and Judicial Studies Robert Alt will testify today, the Court is not committing “judicial activism” every time it finds that a law violates the Constitution. Judicial activism is not a function of outcomes, but one of interpretation. Instead, it occurs when a judge applies his or her own policy preferences to uphold, or strike down, a statute or other government action which is clearly forbidden by the Constitution.

    Kagan came to the committee with one of the thinnest records of any Supreme Court nominee in recent history. What little has been learned about her views so far has been highly disturbing. Nothing in her testimony has demonstrated she has either the respect for our nation’s founding documents or the independence from this White House to apply the law as it is written, and dispense justice without regard to the parties before her.

    Quick Hits:

    Posted in Ongoing Priorities [slideshow_deploy]

    84 Responses to Morning Bell: The Limitless Power of the Obama-Kagan Congress

    1. Prudie Potter, Annan says:

      Why don't our Republican Senators have the backbone to reject Kagan?

    2. Mary, WI says:

      Even more sad is that she will be voted in as the new supreme court justice. At least she replaces someone that feels the same way. Now if Ruth Baeder Ginsberg leaves we have a real problem. Let's hope she stays around until a new Republican president gets into office or at least until the Republicans regain control of the house and senate in 2010.

      Folks…I just hate the direction our country is heading. God, please watch over the United States of America.

    3. toledofan says:

      So, why would any Republican or Democrat vote to confirm her? Not only is she lacking in experience, if she was going through a normal job interview and was as vague with her responses; she wouldn't be called back for a second interview for sure. First we have Sotomeyer and now Kagan, doesn't anyone care about the country, the Constutution or the rule of law or doesn't any of that stuff matter any more? The whole confirmation process has turned into a sideshow that everybody knows what the ending will be.

    4. James A, Canyon,TX says:

      A Harvard Democrat rises about the US and soars on the wings of activism. Founding documents are best kept under lock and key as the "Ones We Have Been Waiting For" create a new vision of heaven and especially earth.

    5. West Texan says:

      As I've stated in earlier comments, Kagan's job if confirmed is to uphold constitutionally prescribed guarantees of individual and states' rights. Doesn't matter the direction of politically popular polls. That's for congress and the president to get it wrong. Which in turn burdens the Supreme Court to make things right per our founders' design.

    6. Laura K, Pennsylvani says:

      It amazes me the fact that these important public positions are not held to the highest standards. That is, all nominees for such an important public role ought to hold an impeccable record in terms of academia and job performance. To me, these hearings are pointless, we, all, know, this inexperienced woman will be confirmed as did happen with Sonia Sotomayor. What a sad 4Th of July!

    7. Don't tread on says:

      Kagan is, and will be a "rubber stamp" for all things counter to a strong America. Is anyone surprised?

      I think the statement by the "new" Black Panther with the night stick, "Now, you will find out what it's like to be ruled by the black man," is exactly what we are experiencing. Remember, there are one million Nation of Islam blacks currently, lifting weights, while in prison, in America. Can anyone say, instant army, all loyal to one person?

      Thank providence that our protection under the Second Amendment has been temporarily strengthend, giving more Americans the opportunity for self defence. Especially those in the inner cities, rampant with lawless thugs. Like those with the "clubs." picture them with AK-47's.

    8. Jeanne Stotler, Wood says:

      I too, would like to see her rejected. I listened to some of her answers and find she is not what I would like to see in the SCOTUS. BHO wants her so she can rubber stamp all his socialist ideas. I hope Hon.Ginnsburg hangs in there until after Jan.2011, when the next Congress is sworn in. Please God watch over this nation and protect her from this evil.

    9. Mitch - AZ says:

      How long can the Left continue this ridiculous charade? This utter farce that they are as wise as the authors of our founding documents? Every year when the dhimmicrats hold their Jefferson/Jackson dinners, I get sick to my stomach. The current crop of liberal congresscreeps have nothing in common with these two supposed founders/stalwarts of their party.

      For one thing, both men were adamantly opposed to a "national" bank, yet the Left has used the Federal Reserve System to undermine capitalism since it's inception.

      Tom and Andy also had their disagreements with SCOTUS, Jackson famously defying Chief Justice Marshall when the high court declared his racist Indian Removal Act unconstitutional, saying "He's made his decision and now let him enforce it."

      There is only one goal in appointing a radical ideologue like Kagan to the court, and it certainly isn't to defend liberty.

    10. Ken Jarvis - Las Veg says:

      Today's NEWS Report

      from the 24/7 WSJ/Fox & HF

      ALL IS BAD AGAIN TODAY –

      Tee Hee.

      LVKen7@Gmail.com

    11. Scott Boise ID says:

      As I watched some World Cup Soccer, I saw Bill Clinton in the stands. I never thought that at some point Clinton would look like a reasonable, desirable democrat – a throwback to our good old days. But that's where we are. The insanity of the Obama agenda is so far beyond the pale -even by democratic standards – it's staggering. That Kagan is even a candidate for the Court is yet another indictment of the charlatan who lives on Pennsylvania Ave. In all my years of following politics, I've never seen anything this bad. And it just keeps getting worse….

    12. KB in PA says:

      Any Senator voting in favor of seating Kagan on the Supreme Court is a traitor to this nation, to its Constitution (which stipulates we American citizens are to be governed by the Rule of Law as opposed to anything that goes around on two legs), and to the angry letter penned by Mr Jefferson, signed by him and fifty-five others, and mailed to King George III across the Atlantic, just three days short of 234 years ago.

      And that goes double for any Republican who votes to seat her.

    13. Richard cancemi, Arl says:

      Kagan has never been a judge and she is being offered the job of a Supreme Court judge! She is a Progressive activist, otherwise Obama would not have recommened her. Her only experience has been Ivory Tower musings. which are all devoid of Constitutional consideration.

      The "cancer" of Progressivism has metasticized to all areas of Government and American life. In this instance, the "cancer cell" will find its place in the Supreme Court, alongside the other Progressive Ideologists on the bench, another blow to Americanism!

      Cancer destroys wherever it goes!

      Republicans are wusses; they have no backbone. They are always fearing Liberal criticism and attacks. Democrats have no such fears. They just bully ahead. Look at the way they savaged Bork and Thomas to mention just two.

      Politicians look out for themselves, not America.

      November is our only hope to begin to restore our Founding Fathers' vision and wisdom to America!

    14. Christopher Popham S says:

      We now enter a very dangerous zone with the rubber stamp appointment of

      Elena Kagan. We should be thankful that she was not 'sitting' a few days ago,

      when the court voted 5-4 in favor of the 2nd Amendment.

      For all intents and purposes, it would appear that she shares with all democrats,

      progressives and liberals: 1. a clear dislike of our military 2. an unhealthy

      disregard for our Constitution and 3. an almost total lack of jurist experience,

      especially for the Supreme Court.

      We are in trouble, as she will no doubt be confirmed, shifting the influence of

      this once august body. Indeed, our founders must be doing summersaults in

      their respective graves as they witness these inane hearings.

      Good luck, America.

    15. Jim Roumeliotis - Hu says:

      Even though nothing in her testimony has demonstrated she has either the respect for our nation's founding documents or the independence from this White House to apply the law as it is written, and dispense justice without regard to the parties before her, our congress will proceed to confirm this "winner" just as they have rubber-stamped bills that are unconstitutional and in the lest interest of the American people.

    16. rosemarie douglass says:

      sorry if i`m to fast , i`m just so angry , i`m an immigrant from a socialistic country , and i dont know wy people dont see wath he is making out of the usa,

      impeache him now

    17. Charles Hoffman, Fra says:

      This woman is a disgrace and her inquisitors charlatans. We the People have no redress for grievances with these hacks, pols and liberal communists. I fear the Republic is in grave danger my fellow patriots. Charles Hoffman

    18. Pat-San Antonio says:

      This pick for the Supreme Court by the POTUS is so typical of his picks. Why would he not choose a far to the left, do nothing exceptional, woman that he could advise as to how she should think on matters concerning this country. The horrible part is that she will be there forever; even after 2012 when Obama is no longer in the White House.

    19. Diane, Evesham, NJ says:

      Kagan Won't Be Invited

      The national divide is already in motion, isn't it? I believe that obama's administration will be reknown for the intentional destruction of our nation. But, our way of life will continue on within our own "territory". We will take our flag, our constitution and our bloodlines. We will leave the trillions in debt with the CPUSA. Look at it this way, atleast the trolls will not be impeding upon our earned incomes when the inevitable happens. Personally, I am anxious to get on with the beauty that beckons. My only confusion is figuring out where the divide will take place. Like you, I want to be securely located before the mad rush for freedom.

    20. Gailmarie says:

      God Speed to Heritage Foundation for the facts. Sad as they are.. Stay United America, We must take our Country back.. "Blessed is the Nation who's God is Lord" !! Lets put God FIRST back in America and see the Blessings flow again….

    21. Bill Warren, Huntsvi says:

      What kind of idiot would even nominate this kind of an idiot to the Supreme Court? God help this cuntry because no one else is.

    22. Lloyd Scallan (New O says:

      We all know who and what Kagan is! This is precisely why Obama chose her.

      Her socialist ideology is exactly the same as Obama's. Her answers and non-answers were reherarsed over and over again by the same ilk that taught Obama.

    23. Richie Naples says:

      With out a doubt this is why this country is in trouble. Congress both sides just

      do not seem to care about what is right for America. Why would the democrats

      want a person who you know is not going to follow the constitution. She has never

      made a decision to base anything on she just talks words. This is a life time position which at this time can make or break America with all the challenges

      against are constitution. The republicans are a failure for not bringing all this out to

      the American people. All you hear is that she is in. We are in a lot of trouble I

      do not think that the American public realizes what the supreme court is about. It

      is one thing to be a liberal but you are not suppose to put your feelings into the decisions.

    24. Tim Philadelphia says:

      Tom Jefferson was in Paris during the writing of the Constitution and did not author any of it. Also The Declaration is never referenced in the Constitution — Why do so many continue to declare it as if it is the law of the land. Between it and the current Constitution there was also the Articles of Confederation why not quote statements from that failed government document. The Declaration is not the supreme law of the land but the US Constitution is the Supreme Law of the Land. Confine your arguments to relevent documents.

    25. Michael, long Beach, says:

      How? can we expect her to uphold the Constitution,when she doesn't even live up to her own writtings. She wrote about the confermation process and that the candidit should be asked tough questions and that they should be open and cander with their answers, but here she is dodging the questions with short curvy answers, nothing clear on her views or opinions.

    26. Marsha, Cove Texas says:

      So what else is new about Obama's appointees? Is anyone really surprised with this woman's comments or lack thereof? Aren't all his vassals like that? I guess we serfs are going to have to take all this, but come November, let's dish it out.

    27. Jon B. Cain, Delawar says:

      This essay illustrates exactly what's happening before our eyes, I wrote it a year ago when Obama and his cronies were just getting started with their savage assault on the Constitution……..

      July 4, 2009

      As the 4th of July, 1826, approached, Thomas Jefferson lay wasting away in his bed at Monticello. His physical being was not cooperating with his brilliant mind, and he knew his time was short. Our beloved Founding Father had tried with all his might, and to the last ounce of his being, to remain alive until this sacred day.

      His last earthly triumph was to survive until the 50th anniversary of the day he and his fellow revolutionaries announced our independence from the economic tyranny and the oppressive government of England…..he was a patriot to the bone, and he loved this country to the death. All those around him feared he would not make it to that blessed day and that he would not fulfill his wish, for his body was failing and he was very weak.

      It was nearly one o'clock on that summer afternoon, 4th of July, 1826, one of the greatest men ever to walk the Earth, had expired. Surrounded by many friends and family, Jefferson clutched a bible, several books of Greek tragedy, manuscripts of Socrates, remnants of other great thinkers of history, and accounts of other successful civilizations that had rose to greatness, then collapsed in failure. He had learned much from their history. Jefferson vowed not to make the same mistakes of Rome or Greece, his brilliant, written architecture & verbal designs would see to that indeed. Jefferson was not an extremely pious man, but he knew the importance of God and felt the role He played in the forging of any successful republic. He relied on Him at this hour, as he did during other tribulations before this day.

      About 600 miles North at Quincy, Massachusetts, John Adams lay in his death bed as well, awaiting his faithful departure from Earth. Two days prior, Mr. Adams showed no signs of the fate to befall him. Surrounded by family and friends, and other notables, John Adams died only a few hours the latter of Mr. Jefferson, and also on the 4th of July 1826.

      The last words uttered out of his struggling lips were the words, “Thomas Jefferson still survives", and then Mr. Adams fell silent forever.

      Jefferson and his fellow Founders forged a new document, a blueprint to design a better, stronger, more perfect union that would stand the temptations of men and their relentless quests for power. However, even the Founders may not have foreseen what was to come, or could have conceived such maniacal stresses to our countries’ foundations. These present tests to the Declaration of Independence and to the United States Constitution have not yet succumb Her to the ravages of Man’s greed, thus far. Jefferson and Adams, perhaps from beyond the grave, holds out hope that their magnificent designs will not fail its intended purpose and our Framers’ foundations will remain intact. This fate remains with us.

      These great men help found this nation and suffered greatly for it. But they knew the cause was just and the mission noble, for they understood that without freedom of the individual, tyranny and misery would forever rule men's souls. Even the most ardent Atheist could not ignore this magnificent, triple coincidence, and what I believe to be one of Divine providence. Two men, entwined in history and destiny, to both pass on that fateful day, within hours of one another, and for Adams to know Jefferson’s fate so immediately, was incredible indeed.

      Long live the United States of America, not as our contemporaries may try and transform Her into, but long live the America our Founding Fathers entrusted all of us to protect and preserve at all costs. This country was not created for man’s pleasure to bastardize, or change into his own vision, or to have the audacity to believe it needs to be corrected in any manner whatever. This country is the greatest gift to mankind and the best hope for the world to prosper in peace and the preservation of life, liberty, and the pursuit of happiness.

      Jon B. Cain

      Delaware, Ohio, USA

    28. Frank Morgan, Newhal says:

      we all, of all genders and ages ought to be scared she will get to rule with her "infinite wisdom" –we can and must do better!

    29. Neal, Cochranville, says:

      A Clear and Present Danger…

      Like Obama, she is totally and completely unqualified for the position. She, like Obama, and the 4 judges that just voted against the 2nd Amendment, is a clear and present danger to our Constitution.

    30. Lwesson, Tejas says:

      Komrade Kagan is in good company with the Obama mission to change the United States into a nation of dependents, a nation whose population are but mere subjects, cogs in the wheel of a Communist/Socialist/Progressive Police State.

      As I suggested earlier, the Republicans like Warren Hatch are going to just roll over and not put up a fight, a filibuster. They will not OUT Komrade Kagan's insane Leftest connections. They will not say NO to the "Living" Constitution which means, NO Constitution but rather what ever the protocols of The State might have for the Cogs, the Subjects to follow.

      Senators such as Hatch are a problem that need retirement but for the American People, it is too late now and We the People have to buy Hatch and his cohorts a fine meal after Komrade Kagan is confirmed. Shameful, just shameful!

    31. Lwesson, Tejas says:

      Komrade Kagan is a superb Obama choice that fits like a glove in Obama's Communist/Socialist/Progressive agenda to transmogrify what is left of a once free people into mere Subjects, Cogs within a Nation that rules supreme over the States and their people.

      Earlier I said that the Republicans would just roll over. Senator Warren Hatch said as much per the nomination of Komrade Kagan exposing once again that Hatch is a problem as much as Obama or Kagan. That Hatch is INSIDE the gate, spreading his assistance for this Mystery Administration goes unnoticed by the Republican Party. That we will have to pay for his fine dinner after Komrade Kagan's confirmation, sans Republican filibuster is disturbing and shameful.

    32. Dennis Georgia says:

      So goes obama, so goes the Constitution and the supreme court. We should be able to see from those that obama is appointing to the highest court what his thoughts are on the Constitution and the future of this country. We need to remmember all this in November, and the Republicans need to get some guts and back bone.

    33. Gray_Stroke in the R says:

      A POTUS w/o experience and now a SCOTUS w/o experience and once again the GOP is AWOL.

      The GOP is AWOL on the SCOTUS hearings, the BP oil spill & lacking in addressing the lethargic response to it. The GOP is AWOL on addressing illegal immigration and has done a horrible job educating the public on the merits of a sovereign nation protecting it s borders.

      In summary I have no positive outlook that the GOP is going to rise to the occasion and show leadership and vision. I have to conclude they are infected with the same Progressive mindset as the Democrats.

      The SOLUTION is to vote them out, especially if they start to campaign as a conservative. Unlike Wall Street; the GOP past performance is a perfect indicator of future return regardless of the lies and misdirections to sound like a conservative.

      To Tea Party members fight the notion that a third party is a solution, it is not! That party will be infected with Progressives the moment the paper work is signed.

      Solution see above vote out the RINO's especially Sarah Palin and her ilk. She has had ample time to support a true conservative and has rationalized her support for McCain. Again McCain perfect example of supporting Progressives and stifling free speech with the campaign reform bill. He needs to go.

      You get the drift…..THEY NEED TO GO…PERIOD!

      IF we do not vote out the RINO's and the Dem's then we only have ourselves to blame and then oh well ……..

    34. D.Clay says:

      I don't believe that Kagan has the experience for a life-time tenure, a Harvard gratuate doesn't/shouldn't give anyone a pass. She shows NO gratitude for the freedom or liberty that my husband fought in two wars, WWII and Korea. Congress please get your act together. Our country and freedoms are at stake.

    35. robert hauser says:

      elected officials have a legal responsibility to the american citizen,and they have let the citizens down.ea and every elected one who voted for the stimulas and other freeby packages should be held legally acountable and should be sued they ( most) had no money when they came to office.lets see all their bank accounts now,where did all the money come from!

      they also should be part of any( legislation ) they vote on for the people

      not exempt. the corruption and educated idiots running govt. is unbelievable ,besides being anti american and pro communist( you had better believe we needs the creators help, in GOD we trust lets take our country back

    36. Barb, Wisconsin says:

      It is very frustrating to watch the Kagan hearings and know that the outcome has already been determined. It is a disturbing side show and her face often shows her being annoyed at even having to be there. She is the chosen one that has been selected by the anointed one BHO. Her past and views will have us lose more liberties with every case she rules and that could be a lifetime. Soon, we will be led around every day by the all-knowing government that knows better than we. In the past year and a half, we have been losing our liberties in just the same way Hitler gained power and took over. Soon we shall be shouting Heil Obama! God has taken his protective hand off of our beloved country. God help us.

    37. David Carter, Key We says:

      This appointment should be filibustered with speeches remembering the Democrats filibuster of conservative justices, as suggested by Mark Levin.

      R. Emmit Tyrell suggested liberals were a different species. Kagan's refusal to acknowledge our natural rights suggests she may be a Godless person. I have come to consider these Godless liberals as animals.

      May God Bless America and the sovereign people. May we return to His plan for our liberty.

    38. Linda Kay, Houston says:

      Why if everyone agrees that she doesn't have the experience needed to be a Supreme Court Judge are they going to vote for her. Has everyone in the Senate lost what little they have left of their mind?

    39. Gary Alaska/Nevada says:

      Kagan is a rubber stamp, what a shock!

      Obama's speech about "immigration," nothing but platitudes. But, it sounded like he's cut himself off from giving blanket amnesty by Executive Order. Let's hope.

    40. jJohn, Hoquiam WA says:

      Unfortunately The Heritage Foundation forbids someone like me to adiquately express myself. In other word I am required to be respectfull to someone who doesn't deserve respect. Kagan is such a person. And i have a great deal of disrespect for her and can not voice it. But if she is confermed we are in for a whole lot of trouble.

    41. Thomas Kittredge, De says:

      Based on the news reports I've been listening to, Kagan will be nominated. During the hearings, the Republicans that questioned her, didn't seem to be too disturbed over her lack of conviction in her responses regarding our constitution. Whats even more disturbing than that is she will be nominated and there is nothing we can do but sigh.

    42. antonio says:

      We are a nation governed by specific laws and the principles that are embedded int those laws.

      "Natural Law" is neither written, positive or contained in the constitution or any legislation I know of. For example,for some, building a damn to change the natural flow of water would be contrary to natural law as well as taking Viagra. In other words, there is no consensus or agreed words and ideas to "natural law"

      The Commerce clause as any clause in the US Constitution contains nothing that isn't implicit within the words is part of the constitution. So that murky darkness after the last dot of the commerce clause implies nothing.

      The writer seems to object to a fairly strict construction given the US Constitution. I can't agree.

      antonio

    43. Leith Richmond, VA says:

      God bless America on Indepedence Day. The Kagan hearings are such a farce. We know exactly who she is and what she represents and we do not want it on the highest court of the land. Where are the men and women smart enough and brave enough to vote no?

    44. Leith Richmond says:

      God bless America on Independence Day. Vote a resounding no on Kagan.

    45. Blair, Franconia, NH says:

      If Obama thinks he could do anything against the Constitution, then he's got another

      thing coming. Kagan skated around the question. Maybe she had a good reason. Maybe she didn't want to prejudice a future ruling on the constitutionality, or lack thereof, of Obamacare.

    46. David Bodne, GA says:

      Unfortunately, it would seem the list of potential candidates excludes those opposed to judicial activism. Leah Sears from GA is on the list and my own personal experience with her regarding a judge's role was particularly enlightening. Read her opinion in Bodne v Bodne and see judicial activism in full effect. What distinguishes any of the other candidates other than experience? Of course, can we count on Republicans to do the right thing? I'm hesitant to hope for this possibility given their SOP for the past few years. Perhaps the best we can ask for is the candidate who gets the nod is the oldest of the list so we have less time to wait for their retirement. Maybe the term limits we need to consider should be for Supreme Court justices as theirs is as much a political position as other branches over whose career the American public has some influence.

    47. Karen Parker - DFW - says:

      The vote should be NO for Kagan. She does not meet the qualifications for supreme court justice in my book. We need another person to look at before everyone just votes to be voting. NO NO NO!!

    48. Gene Johnson, Orange says:

      Obviously there are many… so very, very many… more qualified for The United States Supreme Court, the highest court under heaven, than is Kagan.

      If Obama were likened to "The Joker", arch criminal, this joke, Elena Kagan as a Justice, is on all who got sucked in to voting for him. He is an alien vagabond, an enigma to all of us; and this nominee, like all of his illegal czars, is a facist/socialist judicial activist, with an obvious agenda for the future of America.

    49. Cyberfly, Buford,GA says:

      I am becoming increasingly alarmed by the constant stream of Obama-groupie idiots that continue to pop up in public light. The sarcastic and self-serving agenda that these people continue to effuse is beyond logic and is hard to believe. What have we done as a country to deserve this type of lunacy?? Is it possible that these people are distant relatives of Marxists and Nazis?? They clearly do not have any clue of what our constitution stands for and most certainly do not have any idea of the rights that come as a result of the sacrifices of thousands and thousands of those who fought for our freedom and independence. I am 73 years old and have never before been afraid of what the future of America looked like. But now, I am appalled and saddened that we have allowed these stupid nonsensical idiots to gain enough power to potentially change the future of America. It is time to get rid of the cancer that is eating away at America's core. Vote, Vote, Vote, that is our only way to effect change….

    50. Bernard P. Giroux, F says:

      It is an outrage that a person without a thorough background as a jurist is being nominated and probably approved for the Supreme Court of the United States. How can an academic with no real experience [viz., Obama as President] hold a very serious and definitely most powerful position as Supreme Court Justice? What are the Senators thinking about? What is going through their minds? In my opinion, these members of Congress are betraying the American people and its Constitution to pander to an ideologue's agenda to ruin the traditions and historical culture of this great country.

    51. Ken, Florida says:

      One communist country during the cold war stated "We will bury you!" What better way to do it than plant statists (Liberal Progressives) to destroy America from within. They are inches from the goal line, and the clock has issued the two minute warning.

      Better wake up fellow citizens.

    52. KB in PA says:

      Tim in Philadelphia wrote: Tom Jefferson was in Paris during the writing of the Constitution and did not author any of it. Also The Declaration is never referenced in the Constitution — Why do so many continue to declare it as if it is the law of the land. Between it and the current Constitution there was also the Articles of Confederation why not quote statements from that failed government document. The Declaration is not the supreme law of the land but the US Constitution is the Supreme Law of the Land. Confine your arguments to relevent (sic) documents.

      ========

      If the above was written in reference to my comment, I would just like to be clear that I in no way suggested Jefferson was involved in the writing of the Constitution. I said he authored (the better part of) an angry letter dispatched to King George III just 3 days short of 234 years ago, i.e., July 4, 1776, by which I assumed readers would understand I was referring to what we customarily refer to as the Declaration of Independence.

      Neither do I see where I suggested that the Declaration is referenced in the Constitution? As for your characterizing my comment as having "declared" the Declaration as "the law of the land," well … I don't see that I said that, either.

      But thanks for the recommendation that I keep my arguments "relevent."

    53. Pingback: The limitless power of the Obama-Kagan Congress

    54. RL Light, Bristol, V says:

      The "people" made the mistake of not careing about past associates, statements, actions and lack of experience when they elected Obama and now the Senate is reenacting the same lack of sound judgement.

    55. Ronald, Illinois says:

      It is time that our Country wakes up and realizes that this administration is taking all our rights away, including they think our God given rights. It this so called

      expert gets put on the court (for live) we are doomed. She should not have been considered for the position. She has no experience at all. So she worked for Clinton, big deal. You have to have went to law school, practiced as an attorney, been elected to the bench before you are even considered for this position. How could a person in the position of President ever consider doing this, if they aren't a Socialist, amazes me. I worry for my grand children and their children,

      But it has been said that the "Nation that turns from God, will perish" That is what is happening now. Pray for our Nation to turn back to God>

    56. Robert Jamieson, Lag says:

      We have a Socialist/Marxist President with no leadership abilities (except being a smooth talker) and a Socialist Democratic Party controlled by the Unions that support them (I don't think most Democrats actually support this, they just either don't care or are too stupid). With that formula and the fact Republicans don't have the majority it is difficult to stop this destruction of our Country.

      Interestingly to note, when the Republicans were in the majority we still didn't stop Clinton – why? Too many RINOs that we need to get rid off and replace them with true conservatives. I have always voted Republican, but no more. If a Republican sides with Pelosi or Reid, then he/she would be a Democrat in my mind.

      The Tea Party seems to be made up of both Republicans, Democrats and Independents. Like me, it is time to get back to the Constitution and the Rule of Law, which includes using the Declaration of Independence and even the Federalist Papers for understanding of the laws upon which this Country was Founded. Or, maybe Khrushchev was right when he pounded his shoe on the desk at the UN, that the USA would raise the Communist Flag from within.

      At 65 I am sad that our children don't have a clue of what I speak of. Our education has been very successful in dumbing down this generation to complete ignorance. So sad. Truly we need God's help.

    57. Joseph Ca. says:

      The solution is simple IF THEY ARE IN OFFICE NOW DON"T VOTE FOR THEM IN NOVEMBER we need to start over with people who belive in our constitution the way it was written, not these jerks that want to turn the US into the socialist states. There are enough unqualified members in this government we don't need another one in the surpreme court. Pray to God that we don't let this country go to hell.

    58. Peyton, a Libertaria says:

      Unfortunately, the Republicans in the Senate don't want to be seen as obstructionist, so once again, they will cave to the Obama agenda. Not one of them has a backbone to stand up against this abomination against the SCOTUS.

      The Senate is, by design, supposed to be the checks and balances of the legislative branch, that is until the 17th Amendment was made law. At that point the Senate became just as the House, but more exclusive. Members are just as the House members are, constantly campaigning or raising campaign funds for the next election. They don't want to piss off their largest contributors, those businesses, unions and other organizations who contribute more than WE, THE PEOPLE do. Everyone in Congress knows which side of the bread is buttered, and it's not the side with WE, THE PEOPLE.

      The only way to keep those 535 elected officials accountable to WE, THE PEOPLE, is to get out and vote! There is no SCREWY Electoral College to keep us from electing those WE, THE PEOPLE, really want to represent us. To show up at the polls and vote in November is the first step we must take in order to take back the control that WE, THE PEOPLE, have given up through our general apathy. WE, THE PEOPLE cannot be apathetic any longer, if the United States of America is to exist as our founding fathers envisioned.

    59. Phil, a conservative says:

      All of the above comments are so true, and isn't it sad that so many in power could care less, but the worst is yet to come, in November when we vote them out, they will be lame ducks and then we will see the horror that they will unleash upon us. in their dying moments they will do more than they have already done and it will be even harder to believe the destruction they aim to bring this great country, against the will of the people they were elected to serve. The only thing we can do is make sure that we take control of the house, so that we can stop the funding of the horror they are going to try and rain down upon us.

    60. Dan,, NY says:

      I read much of these comments that give off smoke and heat, but little fire. So, what exactly would the country look like "as our founding fathers envisioned"? If We the People are ready, does that mean no income tax — remember the Whiskey Rebellion? Does that mean 3/5 of the minority population counted? Does that mean no Air Force — after all, that wasn't part of the vision! Does that mean no child labor laws? Does that mean no regulation of business? If it does, then woe betide us when goldman Sachs runs completely unfettered. Dies that mean that Native Americans will be respected as soverign nations, with reparations and restoration for the atocities visited upon them in the name of Manifest Destiny? Does that mean that Social Security disappears? Does that mean the Interstate Highway System goes away? None of these were envisioned by our founding fathers. Does that mean we return to a country of small farmers and shopkeepers? Does that mean that we return to a Supreme Court that hasn't taken unto itself the role of arbiter for constitutional questions? Does that mean there are no political factions — after all, the Constitution doesn't mention them! It's one thing to offer critiques of any current or past administration. It's quite another to offer a reasoned plan for the challenges we face. Much of what I read here is not much more than whining and complaining. So, what's the plan?

    61. Jon, Texas says:

      I have not watched too much of the circus but my basic understanding is someone who is educated in the law is going to be appointed to the highest council without any experience. So that's like saying since I put a bandaid on my booboo they should make me a surgeon. What's happened to working your way up and earning your spot nowadays? Obama barely set up his desk before he ran for president and that lack of experience will show at the next election and as for Kagan she will be a void on the supreme court only causing delayed decisions.

    62. Alfred, Okatie, SC says:

      I did not know I lived in Russia when we have the likes of Kagan as a SCOTUSA justice appointee shoved down our throats. She lacks experience, is ignorant, has the same communist agenda and ideology as the big cheese BO himself, and does not seem to care about the Constitution. It could be a lot worse….Obama could have appointed Alvin Greene from South Carolina as the nominee. This woman is a disgrace, unfit for the court and will flush our country down the toilet for good if confirmed. Any Republican Senator voting for her confirmation should be voted out of office.

    63. Jim Buzzell, Kenmare says:

      The president has the right to nominate whomever he chooses, that nomination is independent of confirmation by the Senate as we all know. When you listen to the Senators of all parties what you hear in large part is that we have to have overwhelming reasons to disapprove the nomination. This is the overwhelming vent of the Progressive Liberal/Socialist Movement espousing their philosophy that says if you vote against this nomination you are not in step with our agenda, our living constitutional dictates; whick is correct that votes against are not in step with them.

      Again the president has the right to nominate; congress does not have to approve the nomination. In the case of Kagn we will get a repeat of Sotomeyer because the Liberal/Socialist Progressives of all parties in the Senate are a greater number than the constitutional conservatives now sitting in the Senate. Byrd is gone maybe there is hope, I doubt it. November is coming see all of you at the ballort box.

    64. Mike, North Carolina says:

      If you know and read your history, you will know and find repeatedly demonstrated, documented, and otherwise verified, shown, and proven, the fact that among the first orders of business for power-grabbing demagogues, despots, emperors, monarchs, dictators, and other rulers and their accomplices, seeking to subvert and eliminate the freedoms of the people in order to fullfil their power-grabbing agenda, including those with accomplices in any so-called "legislative" and "judicial" system, is to not only mislead, disempower, subjugate, and disarm the populace, but also at the same time to take control (directly or indirectly) of such as "the judicial" by any means possible, including their emplacing in "the judicial" willing accomplices or even ideological clones of themselves.

      There, in that last one, you have what Obama and his accomplices in Congress have already done at least once to the Supreme Court, in the form of Sonia Sotomayor, and what they are in the process of doing, and shall do, again (since we, the people, again don't have enough votes in the Senate to stop them) in the form of Elena Kagan.

      So here again we, the people of the United States, are faced with another dark and unfortunate (to put it lightly) lesson of history which our founding fathers tried to warn us against, and write and design our Constitutional Republic accordingly, and so of course it is and shall be proven that "those who forget (or deny) history are doomed to repeat it".

    65. Lynn Bryant DeSpain says:

      Our only hopes lie in the November Election. We must replace each and every member of both Houses with New Blood, untainted Blood, and Blood that is willing to live theri stay in DC for a "Set of Term Limits", that they themselves shall have to pass.

      The damage is already don and in the past and can only be changed in the future, by remembering our founding History as a Republic.

      Woodrow Wilson and FDR were most prominant in bringing to the minds of the American people the falsehood with the phrase,"We fought the War to make the World safe for Democracy!"

      From then on, under Wilsons Progressive Dream to shatter our Republic and replace it with a Democratic form of Government, we have seen our protections as citizens by the Cionstitution, slip away from us.

      Ralph Waldo Emerson once said,"Democracy becomes a government of bullies tempered by editors."

      Remember this in November. Remember too, that the cost of the insurance, provided by your employer, is now added to your income, on which you will be taxed in 2011, when you vote.

    66. Craig Sacramento says:

      Indeed Kagan is one giant step toward Communism and all of its assorted drawbacks and endless evils! A giant pox on the Democrats and the Rinos who lacked the spine or the guts to filibuster this catastrophe!

    67. Pingback: ADF Alliance Alert » The limitless power of the Obama-Kagan Congress

    68. Drew Page, IL says:

      I can't imagine anything worse than putting this woman on the Supreme Court.

      Republican Senators, filibuster this.

    69. Jimmy, St. Louis says:

      This weekend, as we celebrate our grand country's 234 anniversary of Freedom and "Life ,Liberty, and the Pursuit of happiness", we need to seriously ponder the following. We The People, that love this country and hold as sacred the principles that guided our founding fathers waste our time and energies rationally attempting to understand why our "leaders" put the Sotomayors/Kagans/Obamas/Pelosis/Reids into power, spend us into country collapsing debt, and segment us into conflicting groups…..ala United We Stand; Divided We Fall. We fail to understand that our country is, and has been for 100 years, under seige from those that do not share our founding fathers' vision and principles. My WWII veteran father pounded into me….If you don't stand for something; you will fall for anything. The Progressives/Socialist/Communists/illegals/Muslims intend to destroy our cherished way of life. Please Google the Congressional Record Oct,1963 for the Communicst Plan for Overthrowing America as entered by a Florida Congressman. Reads like a checklist of success and completed agendas…ie "Take over one of both major political parties".; "Take over the media", "Destroy our morals"… We have been rendered voiceless by having Progressive "Political Correctness" crammed down our throats while our country is transformed into the exact opposite of her original principles that led to Her being the envy of the world. We don't want to be like the rest of the world. We are Americans!!! We need to speak up and transform "Poitical Correctness" to be upholding and defending those sacred documents The Constitution and Bill of Rights; all else being TREASON!!! If we don't take back our country at he ballot box this November…..that's why Obama is focusing on Amensty for Illegals……and we may have alread passed the tipping point to be able to do this….we may have only two choices left….acquiesce and relinquish our country and our cherished way or life…..or implement the Second Amendment which our forefathers recognized the probable need thereof. Stand up and be Politically Correct not by the Progressive definition but by the American definition!!! Enemy has breached the wire, is within the perimeter, and has overrun our position…(Halls of Congres, The White House, and The Halls of Justice). We have been overrun!!!! As the toungue in cheek adage goes when one team is overwhemling the other team and the losing team says "We have them just where we want them." How many more days are we going to standby discussing and wondering why the bastards are doing this until we take action and take our country back. I think I understnad what our founding fathers must have been thinking when coming to the decision to take action beyond writing letters against King George. We have taken our eyes off of God….and I don't mean Allah…., and He is letting us reap what we have sown.

    70. Johnny Guido says:

      Ms. Kagan has just proved that insanity has many faces. Please remove said lady and charge her for required frontal lobotomy.

    71. Billie says:

      Where in the world did obama, kagan and the like minded think to impress upon us the Constitution was written to determine their power OVER US?

      THE CONSTITUTION IS FOR THE OF PEOPLE. INDIVIDUALS. THE LIMIT IS ON YOU, OBAMA, KAGAN AND THE LIKE MINDED IN GOVERNMENT. YOU'RE TOO WEAK WHILE THIS DOCUMENT IS STRONG TO BUILD INNER STRENGTH AND DIGNITY OF INDIVIDUAL LIVES.

      It sickens me that the president and no democrat has the intelligence to understand America's Constitution for, of and by the people.

    72. Pingback: Morning Bell: The Limitless Power of the Obama-Kagan Congress … : PlanetTalk.net - Learn the truth , no more lies

    73. William, Ohio says:

      Four things:

      Tom Jefferson was not among "other Constitutional framers" in "framing" the Constitution. He was not a member of the Constitutional Convention in 1787. In fact, he had not even been in America, but in France, at the time.

      Jim Madison would be more relevant to any discussion on how the Constitution was a specific delegation of certain powers to the national, federated government–and no more, as he at first cited as grounds for the idea that by amending the Constitution to include the protection of certain rights, some might suppose those rights to be the only rights protected; and, hence, might further suppose powers beyond those granted by the Constitution to supposedly belong to that government. Therefore, when he did conceed to such amendments it was not without the 10th amendment's specific language.

      It would then follow that to focus on asking Kagan about specific historic arguments made at the Constitution Convention and included in Madison's famous Notes on that Convention would be the most productive and revealing strategy to judge her viewpoints, knowledge, and suitability for the Court.

      Aaron Burr must be rolling in his grave at such mention of Tom Jefferson in an argument against judicial activism. See Jefferson's statements insisting on Burr's guilt without proper evidence, and on Chief Justice John Marshall's handling of Burr's trial for proof of this irony.

    74. Paul Revere II, Broo says:

      Who has suggestions for our own leaders to thwart the Statist plans? Where is Eric Cantpr? John Boehner?

      Maybe we should e-mail E. Kagan by the ton and suggest she modestly withdraw!

    75. Thomas GOODRICH says:

      today I got a letter from Republican chairman asking for more money to fight the dem's, can you beleve the gull of this man? dosen't he listen to the people, who I know feel the same as me!!!!!! I knew how the vote was going come about, it takes gut's to say no,no,no, when that starts to happen in november then maybe I can say yes to more money not before, for once let's have some backbone and see some CHANGE,CHANGE,CHANGE IN THE CONGRESS!!!!!!!

    76. Abilene 7, Maryland says:

      I cannot imagine any more profund denial of what America stands for than Kagan's comment “To be honest with you, I don’t have a view of what are natural rights independent of the Constitution.” There is no right to life, to liberty or to the pursuit of happiness (however you interpret that) in the Constitution or the Bill of Rights. In other words, in Kagans view, we have no rights otherr than those spelled out in the Bill of Rights as interpreted by the Supreme Coutrt. According to Kagan, I have no right to live, to be free or follow my dream. The very basis for our fight for independence has no meaning for her And those cowardly traiterous political hacks on the Hill, let it pass. The government gives and the government can take away. God have mercy on America and protect us from those who would sell out our birthright for whatever political gain they think they will obtain..

    77. Sue Marie, Detroit says:

      These so called smart people like Kagan and the Obama group seem dumber and dumber the brighter the light that shines on them. Communism has never worked and never will but they think or dream they can slip or enforce this system on America. I do not want to live a 8th century life style. A royality class and a serf class. The human race will not go back words.

    78. Tec Stein says:

      Following this logic, or should I say lack there of, laws requiring driving on the right side of the road, stopping at stop signs, wearing a seat belt, or having auto insurance for that matter, are unconstitutional. The issue of requiring health insurance not only reduces the cost for others who would have to foot the bill when those without insurance use the emergency room, but it has the potential of reducing premiums through economies of scale.

      If the Heritage Fund truly supports the Constitution, they should attack the clearly unconstitutional requirement of the medical profession to provide care to everyone. Not only should the medical proffessionals not be required to provide those services for free, but we as premium payers and tax payers should not be required to pay for those services either.

      Candidly, I don't support this position, but want the folks who brought you this piece to put things in perspective. Sometimes humanity trumps the unconstitutional argument.

    79. G W Jefferson, South says:

      About the commerce clause: the Constitution grants Congress the power to regulate PRIVATE interstate commerce not intrastate commerce. Neither does the government have the authority to interfere with the liberty right to contract nor does it have the power to regulate private health insurance contracts.

    80. Michigander says:

      Kagan is not qualified for our highest court. She's never sat on any bench and she won't honestly answer any questions. That in itself should speak volumes to anyone. I will pray that Republicans not only do not vote for her, but will do a filabuster on this vote to allow the American people time enough to find out who she really is. To allow our citizens to voice their opinions to those that are making this choice. All of the requested documentation hasn't been released yet, WHY?. So….what's the rush? It is clear to me that Mr. Obama doesn't care about this country, he only wants what HE thinks is "right" (socialism) NOT what is best for our great nation. He doesn't give a hoot or a hollar about what the American people want or think. Neither do the Democrats currently holding office in the House or the Senate There will be a revolution of sorts; I just don't know how long it will take America to wake up and actually see what is really going on here! We all need to keep pushing back at every turn.

      I know there are several agencies and individuals working on repealing the health care fiasco, and there are many who have filed lawsuits asking "Where is the birth certificate?". There is even an ex-worker of the office in Hawaii that claims that there isn't one and that everyone there knows it. Think of it, if it can be determined that "his majesty" was not eligible to be president to begin with, everything he has ever put his signature on is null and void! If that is proven then there are a large number of people in our legislature that are part of a conspiracy and could face criminal prosecution. Onward I push! Will you join me?

    81. Pingback: Morning Bell: The Limitless Power of the Obama-Kagan Congress – Heritage.org (blog)

    82. Matthew Holden, Jr. says:

      The comments on the Kagan nomination, and the Judiciary Committee's hearings, reflect the anger of many conservatives. I comprehend that. Democrats and liberals have sometimes had the same kind of anger at prior Republican nominations. But we should all remember that we have one country to occupy, and we have to live with each other. We should also ground ourselves in realistic history. One suggestion. Charles Warren's The Supreme Court in United States History shows how angry Jefferson and his supporters were at Chief Justice Marshall. There is an ebb and flow to these things.

    83. Lloyd Welch in NC says:

      Man oh man can you depend on the socialist that comment on this site to continue their smoke and mirror tactics to cloud the issue. The DOI, the AOC and the consitiution are all three valid documents of the USA. First the DOI spelled out the whats, whys, and hows. The AOC bound the 13 colonies so as to fight the War for Independence. Onced the fight was won the Constitution was written to form a government of the people, for the people and by the people. Of course most liberals/socialist have their head up their collective behinds so far that is the only point of view they will ever see. I have sent and called Mr Burr who is my senator and asked him to do what ever is necessary to block Ms Kagans appointment. As far as Kay Hagan she is nothing but a Obama rubber stamp and calling her or e-mailing her does no good what so ever. In november I will vote a all republican ballot because any republican is better than any democrat.

      Oh yes by the way, Mr Jarvis please continue to NOT send me e-mail.

    84. Bernard Mulvaney Fos says:

      I recommend readers look at the FOREIGN AFFAIRS issue for July/August 2010 in which Walter Russel Mead critique's David Remnick's recent Obama biography. On page 151 he deftly outlines the Obama Havard originated philosophy of "…the New England vision of a strong state acting as the enforcer of a common moral purpose…" The recent track record of these New England educated 'leaders' should arouse concern among the ordinary citizens of this once great country.

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