I've thought much about Brett Kavanaugh's confirmation hearings. As you may already know, I've written two posts about this: The Unseemly Art of Borking, and I Told Ya So!!
I direct this post towards my children and those in their generation, but some of you old-timers may get something out of this, so feel free to keep reading.
It is critically important that you know how America is supposed to work so that you can identify events that are out of bounds.
The Kavanaugh hearings allow multiple examples of balls thrown out of bounds, but I will choose to focus upon only two.
The first, and most obvious, is the violation of the rule of law. There is a reason that Americans hold sacred the idea that we are innocent until we are proven guilty. Accusations are not enough in America. This is so basic to the American psyche that we don't even consider that it could be any other way.
The truth, however, is that many nations through history, and even today, do not operate upon this principle.
Countries who reject this principle become subject to mob rule and hundreds, thousands, even millions of citizens are imprisoned and executed. During the years of the Soviet Union, over 100 million people were murdered by their government.
Yes, I said, 100 million.
And that's just one country.
Please pay attention to the rule of law. Never forget it, for, if you do, it will be at your peril and the peril of your country.
The second principle is more obscure. It has to do with how the court is "balanced."
Although you won't hear it much on TV, this is really the driving force behind the hysteria on the left.
Last year, Trump appointee Justice Neil Gorsuch was confirmed without much fuss. He was a conservative judge much like Judge Kavanaugh, so why was there so little fuss?
The simple reason is that Gorsuch was nominated to replace conservative Justice Antonin Scalia. Get the idea? Since "balance" was maintained, there didn't need to be much fuss about his confirmation.
Not so with Brett Kavanaugh. He's been nominated to replace Justice Anthony Kennedy who is the recognized "swing vote" in the current make-up of the Supreme Court.
The court, at the time of Kennedy's resignation had four conservative, four liberals, and the man in the middle: Kennedy.
I hope it's evident that Kavanaugh messes with this "balance." This is the fundamental reason for all of the hand-wringing, wailing, and gnashing of teeth on the part of the Democrats.
The political importance to them is easy to understand, but their concern is not constitutional.
As I mentioned in my opening, this is why you need to know how our country is supposed to work. Understanding the situation is why, back in July, I was able to predict the vulgarity that was to come during Kavanaugh's confirmation hearings.
You need to understand The Constitution in order to make good decisions about your votes as you mature into an American who is committed to preserving the amazing experiment which is now being handed to you as the caretakers of our great country.
See, The Constitution only asks the Senate to give advice and consent to the nominations that the president makes. They are NOT instructed by the constitution to preserve "balance."
In other words, it's the president who is responsible for populating the court as he sees fit, not the Senate. They are there to ensure that unqualified nominees don't make it to the court.
It's intended to be a beautiful system of checks and balances. And it is.
It's our job as citizens to pay attention to our Constitution, to our elected representatives, and to current events because the ultimate check on the power structure in America is not the president, nor the Congress, nor the Supreme Court; it is you.
Use your power wisely my child.
TheCurmudgeon
No comments:
Post a Comment