[L]iberals are raving about Kagan’s “skill at building a consensus … reaching out and building coalitions” — as Sen. Dick Durbin, D-Ill., said last week.
It’s as if they’re talking about a governing majority in the Senate. Next thing you know, liberals will be complaining about a “do nothing” Supreme Court.
On MSNBC’s “Hardball” back in May, Sen. Klobuchar said: “We want to get some things done on this court.”
Get some things done? […]
The Supreme Court is not supposed to be “getting things done.” Durbin’s and Klobuchar’s statements reveal a massive misunderstanding of the role of the court.
Congress, as the people’s elected representatives, is supposed to “get things done.” If they don’t, that usually means the people don’t want those things done. It’s not the court’s job to say: “Hey, Congress, you forgot to enact this! Don’t worry, we’ll take care of it.”
You don’t have to like her, but she’s got a point.
Tag: liberty
“Liberty cannot be preserved without a general knowledge among the people, who have a right, from the frame of their nature, to knowledge, as their great Creator, who does nothing in vain, has given them understandings, and a desire to know; but besides this, they have a right, an indisputable, unalienable, indefeasible, divine right to that most dreaded and envied kind of knowledge; I mean, of the characters and conduct of their rulers.” –John Adams, Dissertation on Canon and Feudal Law, 1765
It’s a good thing, I believe, to remember the dead — especially in a culture that trivializes death. We shunt it aside to the fantastic realms of video games and movies, and call it by other names when we do it to old people and unborn infants, and all of this is a way, I think, of grasping life in the wrong way, in a way that reveals the underlying belief, for many of us, that our lives are about our gratification.
That’s such a big word for an experience that is so very small. Gratification is as far removed from joy as hunger is from a great feast, and yet we forsake the latter in pursuit of the former because joy, like a feast, requires sacrifice.
So it’s a good thing to remember those who gave their lives in sacrifice for others. Think on them, and if you like you can light a candle or mutter a prayer, a prayer that you and I and the rest of the world will, if only for a slender day, give ourselves over to loving someone other than ourselves, which means the great sacrifice of setting down our hurts and lusts and grievances and entitlements, all of which are chains with heavy anchors, but which we gather to us like treasures. But today, if only for today, what say we lay them down?
Once a nation under a Constitution that restricted government intrusion, we now want government to provide for our “needs” by calling them “rights.”
We now ask government to prop up failing businesses, make student loans, guarantee mortgages, build and maintain public housing, financially support state education from preschool though graduate school, fund private research, provide disaster relief and aid, pay “volunteers” and on and on.
Many in our nation happily submit to this bargain. They consider the Big Three entitlements — Social Security, Medicare and Medicaid — “rights,” their absence unimaginable in a modern “caring” society. It is out of the question to expect people, families and communities to plan for retirement. It is beyond reason to expect medical care, like any other commodity, to follow the laws of supply and demand — for prices and choices to allocate resources and for competition to drive down prices and improve quality. It is simply too much to expect the compassion, morality and spirituality of humankind to aid those unable to care for themselves.
“If it be asked, What is the most sacred duty and the greatest source of our security in a Republic? The answer would be, An inviolable respect for the Constitution and Laws – the first growing out of the last. … A sacred respect for the constitutional law is the vital principle, the sustaining energy of a free government.” –Alexander Hamilton, Essay in the American Daily Advertiser, 1794
“In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” –Thomas Jefferson, fair copy of the drafts of the Kentucky Resolutions of 1798
“If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people … must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.” –Alexander Hamilton, Federalist No. 33
Does our Constitution allow the Executive and Legislative branches to collaborate to confer authority upon the federal government over, in this case, so-called “health care reform”?
Those who laid the Foundation of our Constitution were crystal clear about its enumeration of both the authority and limits upon the central government.
James Madison, our Constitution’s primary author, wrote, “The powers delegated by the proposed Constitution to the federal government are few and defined [and] will be exercised principally on external objects, as war, peace, negotiation and foreign commerce.”
Madison continued, “If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions.”
To that point, Thomas Jefferson asserted: “[G]iving [Congress] a distinct and independent power to do any act they please which may be good for the Union, would render all the preceding and subsequent enumerations of power completely useless. It would reduce the whole [Constitution] to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and as sole judges of the good or evil, it would be also a power to do whatever evil they please. Certainly, no such universal power was meant to be given them. [The Constitution] was intended to lace them up straightly within the enumerated powers and those without which, as means, these powers could not be carried into effect.”
Clearly, our Constitution, does not authorize Congress to nationalize health care, anymore than it authorizes Congress to do most of what it does today.
[Bold emphasis added. –R]
“There are those, of course, who claim we must give up freedom in exchange for economic progress. Well, pardon me, but anyone trying to sell you that line is no better than a three-card-trick man. One thing becoming more clear every day is that freedom and progress go hand in hand. Throughout the developing world, people are rejecting socialism because they see that it doesn’t empower people, it impoverishes them.” –Ronald Reagan
Government is taking us a long way down the Road to Serfdom. That doesn’t just mean that more of us must work for the government. It means that we are changing from independent, self-responsible people into a submissive flock. The welfare state kills the creative spirit.
F.A. Hayek, an Austrian economist living in Britain, wrote “The Road to Serfdom” in 1944 as a warning that central economic planning would extinguish freedom.
[…]
Hayek meant that governments can’t plan economies without planning people’s lives. After all, an economy is just individuals engaging in exchanges. The scientific-sounding language of President Obama’s economic planning hides the fact that people must shelve their own plans in favor of government’s single plan.
At the beginning of “The Road to Serfdom,” Hayek acknowledges that mere material wealth is not all that’s at stake when the government controls our lives: “The most important change … is a psychological change, an alteration in the character of the people.”
This shouldn’t be controversial. If government relieves us of the responsibility of living by bailing us out, character will atrophy. The welfare state, however good its intentions of creating material equality, can’t help but make us dependent. That changes the psychology of society.
According to the Tax Foundation, 60 percent of the population now gets more in government benefits than it pays in taxes. What does it say about a society in which more than half the people live at the expense of the rest?