Misunderstanding the role of the Court

Ann Coulter:

[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.

Knowledge of their characters and conduct

“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

Every day a memorial day

Tony Woodlief:

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?

Hope and change hit the Constitution

Larry Elder:

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.

Well, too late for that

“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

Bind him down

“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

James Cameron, secret conservative?

Leigh Scott:

And about the Na’Vi. Like most fifth graders, Cameron endows them with a nobility and honor that he thinks the Native Americans possessed. Fine, whatever. What is important is that he presents an “idealized” society. A society based on respect for the planet and the creatures that inhabit it. In one scene, Neytiri kills some freaky Doberman looking thing and then cries about it later. She had to kill it because it was attacking Jake. To save one life, that she deemed more important, she took another.

The entire Na’Vi society is based on a code of honor and achievement. The members must “prove” themselves to the tribe by accomplishing things like riding dragons. When Jake tames the big mofo dragon, a great accomplishment, he is rewarded by being made the leader of the tribe despite the fact that Tsu’tey was next in line to be chief.

Cameron’s idealized society is one based on individual achievement. When individuals take great risks, they are often rewarded over people who have seniority. Fairness is determined by accomplishments, not by rules. There are winners and there are losers amongst the Na’Vi and they manage to be a happy society. Oh, and when they are forced, they kill to protect themselves and their loved ones, an action that they don’t take lightly. They have honor and nobility. They have strong traditions.

Sounds good to me. In fact, it sounds a lot like the conservative view of what America stands for. I’m in. Hey, Cameron, beers at my house, I TiVo’ed Glenn Beck for you.

Redress the injury

“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 conservatism give Christianity a bad name?

This has been sitting in my NetNewsWire sidebar for two and a half years. So better late than never, I suppose.
Tony Woodlief:

The best inoculation, I think, to a wrong perception that Christianity is equivalent to conservatism is the mercy work of many good churches. For every politico a non-Christian sees claiming the Christian label, we want him to see a hundred Christians in his community, quietly, humbly doing the work of our Father. The more we can accomplish that, the harder it will be for people to identify Christianity with whatever happens to be popular among politicians who claim to act on Christ’s behalf. “You will know them,” Christ said of the good and the bad, “by their fruits.” My prayer, in the current political season and the decades to follow, is that more non-Christians will come to know us in that way, by lifechanging encounters with loving Christians.

Clearly unconstitutional

Mark Alexander:

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]