You are most likely correct in your suspicions on her agenda and beleifs. I perfer not to trust anyone Obama trusts and it has proved correct in all aspects of his charactor and his agenda.

Kagan is simply Obama's payback for Harvard.

I would expect nothing less from this President!

You are, as usual, on the money and you've done the work for us again. I'm sure I'll be quoting you in the days to come. Thank you Patriot Post!

Both of these paras are not needed.

In her thesis, Kagan lamented the fact that free enterprise overcame socialism and concluded, "A coherent socialist movement is nowhere to be found in the United States to speak of a golden past than of a golden future, of capitalism's glories than of socialism's greatness."

[.........]

In her thesis, Kagan lamented the fact that free enterprise overcame socialism and concluded, "In our own times, a coherent socialist movement is nowhere to be found in the United States. Americans are more likely to speak of a golden past than of a golden future, of capitalism's glories than of socialism's greatness. ... In unity lies their only hope."

While I wholeheartedly agree with your appraisal of Ms. Kagan's lack of qualifications and judicial impartiality, I cannot realistically share in the hope of a Senate rejection. The only saving grace is that Obama is replacing a lefty with another and not one of our constructionists. Justice Scalia, here's to your long and vigorous career!

Using the header "Komrade Kagan" does not add to the discussion of qualification. Rather, it gives rise to emotional reaction, an unneeded response in the sober consideration of the candidate. Her views on socialism and a "living Constitution", and her twists of the "words of the law" should be the criteria by which she should be identified.

Sounds like a good way to get more Chicago politics in play in the US Government. Does she cater to the interests of the ACLU? How is the majority of the US going to fair if she thinks we need to give more to the so called disadvantaged. If all can attend elementary through high school then everyone has the same chance to get ahead.

I find that the term "living constitution" frames the debate in a non-constructive way. That term implies that those of us who oppose what that implies are somehow defending a "dead constitution". I would prefer to refer to the revisionists as supporting an "arbitrary constitution", as opposed to our support of a "literal constitution of original intent".

Is she related to Stalin's henchman, Lazar Kaganovich?

http://www.nytimes.com/1991/07/27/obituaries/l-m-kaganovich-stalwart-of-stalin-dies-at-97.html

Why don't they ask whether her ancestors are also from anywhere near the village of Kabany, Radomyshl uyezd, Kiev Gubernia, Russian Empire.

Mr. Alexander, excellent piece! Perhaps this latest Obama "stealth" nominee will be properly questioned by the Senate and put in a position where the Nation can hear for themselves what this woman's views really are with regard to the U.S. Constitution. I pray that's percisely what happens.

Thank you Mark, you are 100% on target regarding Obama's nominee. If Kagan is somwhow selected for the Court we will have taken one more step toward the minimization of our Constitution and it's guarantees. She, and her ilk would like nothing better than replacement of our founding document with something that can be easily manipulated by activist judges and liberal (elitist) politicians.

Kagan was considered for the Dean position at the Univ of Texas a few yrs ago and she wore a man's suit to the interview.

If Kagan is confirmed I fear the USA will face the Second American Revolution. I'm pretty old but I'd be Happy to participate. I fought for this Country during WWII, I'd be happy to give it another whirl.

"It demanded that the courts show a special solicitude for the despised or disadvantaged."

Does this mean that 50 something white males will finally get their due recourse?

After all Napolitano has labled law abiding, tax paying caucasians as "right wing extremists." Tea Party participants are "terrorists."

Black people benefit from affirmative action. Hispanics are free to disregard our laws and swarm the southern border by tens of millions and then get rewarded for it.

The truly despised and disadvataged are the heart and soul of America who play by the rules, believe in God and recognize how and out-of-control, ever expanding government brings povery and misery.

As a 54 year old white male I'm looking forward to finally getting a break as I watch the special interest groups finally do some of the heavy lifting.

Anyone who is surprised by Obama's nomination of a flaming radical leftwingnut has been sound asleep since he somehow ascended to foul the Oval Office with his Chicago/Socialist plan for the dismantling of Christian America! He is pushing Kagan because as a kindred fellow-traveler, she will be working his plans and wrecking America forty years from now -if America survives that long!

Mark:

You've more than made your case, but how in hell do we stop this Socialist takeover of our country before it is too late? November is not soon enough. Obama is just plain rubbing our noses in his hubris! God help us, one and all.

Art Elting

How can this information be brought to the media and our Representatives and brought to light in the hearings? What else can be done?

I submit the following I wrote to the Daily Oklahoman. The nomination of Kagan bears out my assessment. "One day ages ago the great deceiver came to Eve and said "have you eaten of the tree in the center of the garden?" She replied that they would die and he said "no you won't." So they tried it and they died. Then ages later a great deceiver came and said "if elected I will transform America and make things better." So they believed him and gave him authority to do as he promised. But as the deceiver of ages ago he lied and now is destroying the garden of liberty and freedom. But, it can be reversed. All we have to do is throw him out of the garden in 2012 and ask God to heal our nation and restore us to our previous greatness under His direction. Will we do it? I hope so." Denying Omama's Supreme Court nominee will start this recovery process.

In January 2008 Obama, in a radio interview with a Chicago university radio station stated that the constitution was "fundamentally flawed" in that it tells governments, state and federal (not true re: state btw) "what it can't do to you. It doesn't say what it must do for you."

In the same interview Obama bemoaned that, though the Court did a great deal to equalize political rights it hadn't done anything to effect "economic equality." He said that the Court was, "unfortunately not the best way to massively redistribute wealth."

No I guess not. First the Court would have to make the legal determination that property is indeed theft and no man makes a dollar without anyone's having lost one. A giant step has been taken toward that demonstrably false assertion - an assertion that is the necessary justification for totalitarian government.

All the same, I agree with the poster above. A headline attacking her complete lack of unsuitability on the ground of NO judicial experience would have been better, the only possible REASON being her Marxism.

It is really disturbing that when President Bush nominated Harriet, the Dems. roared. Yet this individual, who is from Obama's state, previously a Dean of Harvard, no legal experience except under his administration seems like a go! I can see nowhere that she will go by the Constitution that our founders fought so hard for. We should have noted during the campaign when Mr. Obama went to Europe to give many speeches that we were headed for socialism.

Amen & Amen to your article.

Is it true that she is a lesbian?

Can you guys use more simple words alot of the words you use i don't have a clue what they mean and i get tired of looking them up in the dictionary

Kagan is not fit enough to be part of the judiciary as much as Obama is not fit to be President.

"Constitutional rights are a product of constitutional text as interpreted by the courts and understood by the nation's citizenry and its elected representatives." - This is the most important footnote we have on Ms. Kagan because it reveals the "battle plan" the left uses to push its constitutional views on America. She says, "..interpreted by the courts and understood by the nation's citizenry..." which simply explains that after the last 60-70 years of liberal teaching on the constitution, the citizens understanding of that constitution has been changed and altered so the courts can impose their views without the citizenry knowing the views are dangerous, wrong, and unconstitutional.

All in this Adminastration should be tryed for Treason. I fought for MY Constitution, I will not stop until my last breath. Texas Patroit

The main issue that I have with any of the lefties that are appointed to this court is the fact that they become "untouchable." We already know what their decisions will be and why. The only surprise will come from an opinion that may or may not be written.

We already know that the Messianic white house views any dissent as treason so Kagan's views on the first amendment are no surprise. And, the list goes on and on.

Conservatives cannot block her nomination, except through a filibuster; and, we know there are enough RINOs to block the filibuster. However, ALL of the CONSERVATIVES in the Senate need to pillory Kagan in the same manner as Robert Bork. Being Kaganed needs to become as much a part of our vocabulary as being "borked."

ANY currently seated Republican MUST vote no on her confirmation and they must vehemently question her on everything they can think of. IF the Republicans do NOT call her to task, then all of them need to go. Are you listening Sen. McConnell???

Duke

"[T]he opinion which gives to the judges the right to decide what laws are constitutional and what not ... They are construing our constitution from a co-ordination of a general and special government to a general and supreme one alone." --Thomas Jefferson

The ACLU has infected the judicial branch of the federal government, as well as the FBI, giving illegal aliens humane rights that override constitutional rights of U.S. citizens. Who has rallied in defense of the rancher in AZ shot and killed for defending his life, liberty, and happiness? Nobody, because (since Vietnam) the general public will never again rise in unison as a nation until they all feel equally threatened.

Well, here we go again... The continual attack on the constitution. Obama will place as many "living constitution" proponents into Supreme Court appointments that come up in the 4(+) years of his presidency. This, as much as all the other illegal steps they take, will be the end of the free US as we have known it up until now.

As I keep saying... we the people, need to find someone who will take the appropriate actions and have the guts to start Treason proceedings against Obama, any congress-person, and especially any Supreme Court justice who votes 'yes' for laws that are not directly in line with the Constitution as written. We need to legally eliminate all of those "domestic enemies" beginning now !!!

And once that is accomplished, we need to eliminate the illegal entitlements (laws) that are now on the books. Our government is stealing from us; and we are still going down the path to bankruptcy and social destruction. Taking these steps will be the "only way to save" our once great nation.

"It demanded that the courts show a special solicitude for the despised or disadvantaged."

Does this mean that 50 something white males will finally get their due recourse?

After all Napolitano has labled law abiding, tax paying caucasians as "right wing extremists." Tea Party participants are "terrorists."

Black people benefit from affirmative action. Hispanics are free to disregard our laws and swarm the southern border by tens of millions and then get rewarded for it.

The truly despised and disadvataged are the heart and soul of America who play by the rules, believe in God and recognize how and out-of-control, ever expanding government brings povery and misery.

As a 54 year old white male I'm looking forward to finally getting a break as I watch the special interest groups finally do some of the heavy lifting.

If the Supreme Court was not intended to adjudicate matters of Constitutionality, as the Jefferson quote implies, what was the intended safeguard against the codification of unconstitutional laws? Was the ballot box supposed to be the citizens' only recourse?

So says Kagan, "Constitutional rights are a product of constitutional text as interpreted by the courts and understood by the nation's citizenry and its elected representatives."

I would disagree! Rights are above the Constitution and provided to us by our Creator. The Constitution merely details how the government shall not infringe upon and how they shall secure those pre-existing and "unalienable" rights.

Mizz Kagan may want to review the Declaration of Independence, which states, "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. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,

To: Ron, Go Back to School and start with BASIC English. Don't feel bad you are not alone, there are many others that can not understand what is written in the U.S. Constitution, even if thay have read it. The Founding Fathers said that it was written so the "Common Man" could understand it's meaning. Article V is there to correct any issues.

I am very concerned with her views of International Law trumping US Law

Jim H. is right to a point but one needs to distinguish what Jefferson meant by a "free changes in laws and constitutions" from one based on "new truths."

For example, is it a new truth that limited government is a pair of tight breeches worn by our barbarous ancestors? If so, there is no reason for a constitution, whose sole purpose is to define and limit the powers of the various branches of government.

If there were no constitution, all law would be "free changes" i.e. promiscuous. That would be tyranny based on raw power alone.

Certainly institutions must keep up, as Jefferson remarked but the question is, is that keeping up best left up to the legislatures or the Courts? The legislatures, elected directly by the people are best placed to reflect "the progress of the human mind," as quoted from Jefferson above, not the Courts. The passage of laws are the business of Congress. Whether or not those laws adhere to the Constitution is the business of the Court. If the Constitution is deficient it must be, and has been, amended... by Congress.

That's why "...l------ government of the people by the people for the people shall not perish from this earth." is preceded by the word "limited." Constitutions define government.

And a computer could not solve cases no matter what: that's just not possible... except under "free [promiscuous] changes in laws and constitutions."

This is another appointee that loves Socialism, hates the Constitution and America just like Obam and all his thugs he has surrounded himself with in the White House. Why would we give her any power? The day Obama announced that she was his pick, she looked up at him with lovesick eyes. I thought, omy gosh, what is this? I nearly got sick. Lets do all we can to stop her and Obama.

I'm all for opposing Kagan, but realize this: We knew before He was elected that Obama was never, ever going to appoint a good judge. As long as He is in office, keeping bad judges off the court can be no more likely than winning a game of whack-a-mole.

Elections matter.

My heart goes out to Ron..."Can you guys use more simple words alot of the words you use i don't have a clue what they mean and i get tired of looking them up in the dictionary"...apparently a victim of our highly touted public education system. I am encouraged, though, that he is at least making the effort to use a dictionary.

This woman is dangerous to our country, morals, the constitution, values, and everything else America has stood for over the years! I would hope that no one would be fooled by her nomination by Obama as anything more than another step toward his plan for a socialist government for America! She MUST NOT make it to the Supreme Court! God Bless America!

The US Constitution is a Rock. It is not alive and subject to the manipulations of judicial personality. The confirmation of Kagan to the court will shape the course of American culture for the next 50 years -- and that would be tragic.

Abortion and busing of school children are two obvious issues which have defined the last 50 years. The overreach of the commerce clause and the failure of the court to restrict federal laws to the resolution of Interstate disputes over issues of commerce - has led to our massive federal beuacracy and impending collapse.

We can not survive any more personality on the court. We need people that study the constitution and read it for what it is. A Rock.

On your knees, America! Only fasting and prayer can bring this situation to a head. We have been too complacent and too self-centered to see what was happening to our country. No amount of rhetoric or argument can sway the opinion of those who believe they are entititled to a better life and benefits without labor that pays the rent for the space they occupy on this earth..

I have so much more to say.....Keep up the good work and get this out to everyone.

How did the scriptures say we could pray for our enemies???? And we are to pray for our leaders. That first and then to pray for a nation to repent and begin to honor the law and our creator.

Congratulations, you really hit the nail on the head with this essay. I had already written to my Congressmen about my oppisition to her nomination, before I read this piece. Thank you for putting this into words far better than I did. You need to send a copy of this to every member of Congress. I am forwarding this to as many people as I can. Keep up the good work.

YES !!!

She is a SECRET COMMIE ! You can tell this because you call her KOMRADE ... which is a COMMIE term !

Who would call themselves KOMRADE if they weren't a COMMIE !

Grrrr GRRRRRRRRRR !

I am a veteran from WW-1 and WW-2, and KOREA and VIETNAM !

We better not have a SECOND AMERICAN REVOLUTION, because I will kick A** ! YOU KOMRADES BETTER WATCH OUT FOR ME !

I'M A REAL SERIOUS CHARACTER !

There should only be the Republican Party allowed !

Because of JESUS ! He likes the Republicans and speaking English the best !

PLEASE SEE THAT GLEN BECK GETS THIS EMAIL. IF YOU CAN, TELL ME HOW I CAN GET IT TO HIM. THANK YOU!

Mark

I hate to sound negative but how much worse can it get? Another Supreme Court Justice who suscribes to the "Living Constitution" theory being nominated by Obama (Komrade Kagan) and confirmed by the Senate? Why don't we just throw the U.S. Constitution in the trash right now? Are we going to let them just run over everything our Fathers and Forefathers fought and gave their lives for;

destroy the "Beacon of Light" for oppressed people seeking a better way of life and freedom all over the world? I do not think so!!!

The time for talk is over. Let them pick up a weapon and defend their "Living Constitution" and Socialist/Marxist lifestyle with their lives (which should be pretty difficult since they don't believe in private ownership of firearms) and we will see how long they have the guts and will and taste for it.

I have defended the U.S. Constitution myself and

and it has been defended for over 200 hundred years and has the blood and lives of many patriots upon its pages. Because of the Constitution, we are surely the most blessed Republic in modern times. So let them pick up a weapon and defend their "Living Constitution" and Socialist/Marxist government against my time honored "U.S. Constitution" and Free Republic and we'll see who comes out on top. May God have mercy on their souls if that day ever comes.

The "Tree of Liberty needs to be refreshed from time to time with the blood of patriots and tyrants. Maybe it is time!!!

Phillip F. Eisner

Isn't it amazing that so many so called "great minds" are communists, considering the fact that communism has never worked ANYWHERE! So much for "great minds"!!

so mote it be !!!!!!!!!!!!

There is not another writer who has described the candidate as well as Mr. Alexander has in this essay! It seems the best the press can do is post photos of her "at bat" in a softball uniform and then try to stir up questions of her sexuality and whether or not that will preclude her ability to be "objective", rather than determine her fitness for the court! Nowhere have I read of her socialist views or of her thesis than here in the Post. Thank you, I have forwarded this essay to everyone on my mailing list. Perhaps our "vast right wing conspirators" will have the gumption to try and prevent her appointment when it comes before the congress.

Phillip F. Eisner-very well said-my sentaments exactly! God help us.

The term "constitutional rights" is an oxymoron. The Constitution does not give rights to anyone. Rights are beyond government.

After all the hullaballoo over Tax Cheat Geitner and the multitude of un-Constitutional Czars is anyone still surprised with what our Imposter in Chief does?

The lack of a paper trail for this nomination shows he is learning from past mistakes. No experience trail leaves not much to criticize or evaluate with.

Unlike the current first lady, I can remember the first time I was ashamed of my country- the night of 20 November, 2008. I can't wait for the mid-term elections, let's give the liberals a serious case of whiplash.

As for me and mine, we'll trust in God and keep the powder dry.

The fictional "living constitution" is fundamentally dishonest for it involves arriving first at what its proponents desire to conclude and then justifying that conclusion by interpreting the real Constitution to meet their ends.

No experience just like Obama and most of the people advising him or running (operating) him as their puppet. If the things this Admin. are allowed to continue, I'm affraid it will be too late come 2012. The damage will be unreversable by then. I sold all my guns years ago, but probably should buy more, just to protect myself. This Nation is in a downward spiral, and it needs to be stopped now.

Michigan Supreme Court Justice Stephen J. Markman wrote a great piece on this issue titled "The Coming Constitutional Debate" which was recently published in Hillsdale College' Imprimis. The article does a great job of describing this concept of a "living constitution" and how afar from founding principles we're apt to drift. See the article at http://www.hillsdale.edu/hctools/ImprimisTool/archives/2010_04_Imprimis.pdf

Perhaps those in the Senate today will rightly consider Kagan's "political, legal and constitutional views," and reject her nomination in order to preserve Essential Liberty and Rule of Law.

Ha; fat chance. They ought to, but they certainly won't. Who did not know that as soon as the list of candidates was made public, that she would be the one Chosen?

I continue to be profoundly humbled and awed at the brilliance of our Founders; especially Jefferson. But then, especially every one of them.

These goons in charge mean to marginalize both Them, and us, We the People.

These 9 Vladimir Lenin quotes show communism is already deeply entrenched the USA.

1 The way to crush the bourgeoisie is to grind them between the millstones of taxation and inflation. 2 The best way to destroy the capitalist system is to debauch the currency. 3 Destroy the family, you destroy the country. 4 Democracy is indispensable to socialism. 5 To rely upon conviction, devotion, and excellent spiritual qualities is not to be taken seriously in politics.

6 The press should be not only a collective propagandist and a collective agitator, but also a collective organizer of the masses. 7 If it were necessary to give the briefest possible definition of imperialism, we should have to say that imperialism is the monopoly stage of capitalism. 8 A lie told often enough becomes truth. 9 The goal of socialism is communism.

We are in this crisis because German Marxist intellectuals brought to the USA by John Dewey and Edward R. Murrow in 1933 were deliberately sent to specific colleges to present their highly masked cultural Marxism to America’s two most influential institutions; education and media.

They were successful in those two arenas. American academia is dominated by mishmash, multiculturalism, affirmative action, feminism, radical sex education, political correctness, all resulting in chaos, disruption and the break-down of the family.

It created instability, paving the way the massive growth of government to “solve” the cultural, economic, medical, and other problems. It all came from Lenin doctrine faithfully carried out. Millions of good citizens are losing everything because of a “debauched currency.” Lenin lives on - here.

From a man who once directed the largest Christian mission working behind the Iron Curtain.

Dr. Dale Smith, Auburn, CA

Mark, how can anyone in Washington identify with "ordinary people"? According to BHO's definition, we're all whiners. And, Kagan has paper thin experience to be a "card totin'" member of SCOTUS.

The purpose of the "living Constitution" is easily read between the lines of specious explanations by totalitarian-oriented libs. It is simply this: to destabilize and destroy the founding document to the point where we the people may be administered to by GOVERNMENT DECREE.

Whatever the Court's political opinion of what's right, at any given moment, becomes law.

This man is not qualified to clean a toilet. This appointment is merely to deadlock the court in the future. I'm surprised the didn't appoint a muslim. It's gonna get worse, folks.

Thank you for this article.

A fine read, PeggyD but your link is broken. Maybe this one will be better?

http://www.hillsdale.edu/images/userImages/mvanderwei/Page_6907/ImprimisApr10.pdf

Uh oh! Looks like someone at the DNC has let Jason Levin out of his cage again and he's turned up here posting under the moniker of "Right Wing Kook Bag." Or perhaps it's just another Oregon middle school teacher picking up Jason's infiltrator duties while he's in timeout.

Hey RWKB... Take your meds and go back to school.

After reading about Elena Kagan, we certainly don't want her sitting on the Supreme Court.

I'm beginning to wonder if all the democrats are

threatened by Obama to vote the way he wants it to go. It certainly seems like it. obamacare passed, when most of the American people didn't want it.

Last night I heard a republican leader say Kagan and BHO are communists. Oops I was only dreaming. I guess the GOP will continue to be called the God Owful Party.

I am horrified at Obama's continuing attempts to destroy our Constituiton. In the office I hold for my Patriotic work, I had to swear to defend and protect the Constitutiom of the United Sates of America. I am unable to understand the sbility of Obama and his Marxist, Socialist cohorts to control and destroy our beautiful country with each decision and proclamation. The leftist media has been his ally and I am ashamed of them, just as I am ashamed of those people who still think this enemy (Obama) is to be supported respected.

well i'm sure she has the support of the abortionist and pro gay marriage laura bush.

america is dead, only the illusion and memory remains. The new world order is complete.

http://johngaltfla.com/blog3/2010/05/10/the-new-world-order-is-now-complete-2/

One individual Right WE THE PEOPLE are certain to retain under this regime is "the Right to remain silent"! :,}

Please forgive Mr. Alexander this shameless plug. See my blog on TH under this username see especially = An ALeGorical TalE and Parallel Parable for these Periolous Times also see Proposed Constitutional Amendment Petition.

What is the job description of the solicitor general? Who does she work under?

Komrade Kagan isn't the only Supreme Court Justice willing to bend the so-called "Living Constitution" until it breaks to her advantage. Justice Samuel Alito's appointment in 2005 tipped the scales of justice to a Roman-American Catholic majority even then. All are bound by their pontiff to do as Holy Mother Chuch decrees, or face excommunication (Translation: they go to hell!)

I apologize if that sounds bigoted to you, but keep reading.

What follows is a quote from a textbook found in any one of 34+ Jesuit college campuses all over America, from whence floweth the Vatican's Marxist political agenda which successfully indoctrinates hundreds of thousands of students each year in favor of a document most favorable to the Vatican - a foreign city-state. To wit:

"But constitutions can be changed, and non-Catholic sects may decline to such a point that the political proscription [i.e., outlawing] of them may become feasible and expedient. What protection would they have then against a Catholic State?"

Public Catholicism, David J. O'Brien, New York: Collier Macmillan Publishers, 1989, pg. 165

http://www.ajcunet.edu/Member-Institutions

Perhaps not quite on theme, however, in the context of Mr. Alexander's eminently justified concern about Kagan and the direction of the Court the following anonymous statement should be considered:

""The danger to America is not Barack Obama but a citizenry capable of entrusting a man like him with the presidency. It will be easier to limit and undo the follies of an Obama presidency than to restore the necessary common sense and good judgment to an electorate willing to have such a man for their president.

"The problem is much deeper and far more serious than Mr. Obama, who is a mere symptom of what ails us. Blaming the prince of fools should not blind anyone to the vast confederacy of fools that made him their prince. The Republic can survive a Barack Obama. It is less likely to survive a multitude of fools such as those who made him their president."

To: Jim H.

I'd be interested in the source of that Jefferson comment. As you probably know Justice Antonin Scalia said: "The Constitution is not a living organism. It's a legal document."

As such there are specified means to change it, and to avoid Jefferson's fear of "the Judiciary becoming a Despotic Branch" by legislating from the bench.

THE FIRST ARTICLE ON KAGAN IS I HOPE THE FIRST OF MANY IN THAT FUTURE ARTICLES MAY FLESH OUT AND DISCUSS IN DEPTH SOME OF THE MAJOR CHARACTERIZATIONS MADE TO START.

ONE THING THAT TICKS ME OFF ABOUT THE SO-CALLED "LIVING CONSTITUTION" IDEA AS EXPRESSED BY THURGOOD MARSHALL IS THAT SOMETHING DOES NOT LIVE BY COMMITTING SUICIDE NOR BY BEING KILLED OR MURDERED. OUR CONSTITUTION OUGHT NOT BE MURDERED, NOR OUGHT IT COMMIT SUICIDE. TO BE A TRULY "LIVING" CONSTITUTION THE ORIGINAL WORDS MUST MEAN WHAT THEY SAY. I AM A STRICT CONSTRUCTIONIST. I SEE THE BILL OF RIGHTS AS ANALOGOUS TO THE TEN COMMANDMENTS. THEY ARE NOT THE WHOLE OF THE CONSTITUTION, NOR ARE THE TEN COMMANDMENTS THE WHOLE OF THE TORAH. BUT, THEY ARE SO GERMANE AND FUNDAMENTAL THAT THEIR BODIES CANNOT BE IMAGINED OR CONCEIVED WITHOUT THEM, WHETHER EXPRESSED TACITLY, IMPLICITLY, OR EXPLICITLY. WE ARE RECIPIENTS OF GREAT GIFTS, THAT BOTH THE BILL OF RIGHTS AND THE TEN COMMANDMENTS ARE EXPLICITLY IN OUR TRADITION.

AND TO CORRECT MS. KAGAN, ASSUMING SHE IS ACCURATELY QUOTED IN THE ARTICLE, FRANKLIN, ADAMS, WASHINGTON, JEFFERSON, NATHAN HALE, ETHAN ALLEN, (ET AL) CONSTITUTED THE MOST FUNDAMENTAL AND PROFOUNDLY SUCCESSFUL RADICAL POLITICAL PARTY IN RECENT POLITICAL HISTORY. OF COURSE I GREW UP A STONE'S THROW FROM WHERE WASHINGTON CROSSED THE DELAWARE AND NOT MUCH FURTHER AWAY FROM INDEPENDENCE HALL IN PHILADELPHIA, WHERE I WOULD TRACE THE CRACK IN THE LIBERTY BELL WITH MY FINGERS THE WAY I WILL SOMEDAY TRACE THE CRACKS IN THE WESTERN WALL IN JERUSALEM. I CAN STILL SMELL THE POLISH ON THE METAL OF THE LIBERTY BELL TO THIS DAY, IT IS A MEMORY HAVING MORE STRENGTH, SUBSTANCE, AND REALITY THAN MUCH OF WHAT GOES ON IN EVERY DAY LIFE. FOR ME 1776 IS LIVING HISTORY. OUR FOUNDING FATHERS DID NOT MERELY REVOLT. THEY TRANSCENDED THEIR TIME AND CREATED SOMETHING NEW. THEY DID NOT JUST TEAR DOWN AND DIVIDE SPOILS. THEY BUILT SOMETHING NEW THAT HOWEVER IMPERFECT GAVE LIGHT AND HOPE TO THE WORLD.

AND NOW IN THE NAME OF LIGHT AND HOPE THERE ARE THOSE, WHO PRESUMABLY KNOW HISTORY -- KAGAN HAS A DEGREE IN HISTORY -- AND ARE YET IGNORANT OF OUR HISTORY AND PROFOUND TRADITION! SHAME! SHAME! SHAME!

She doesn't deserve to be appointment! Neither did Sotomayor.BHO is loading up our Highest Court with those that share his Socialist / Marxist Views.They will not Honor Our Constitution,they'll say "Interpeted" & we can forget the 2ND Amendment! God Bless America!!!!

Oh, Mark Alexander is just picking on Elena Kagan because she's....

Jewish

A New Yorker

a Lesbian

A Marxist

So she's a rad New York Jewish Lesbian Marxist.

Isn't everyone?

@JimH. Strict constructionism does not forbid the amendment of the constitution: it dictates that the method be through a 2/3 majority of Congress who can be removed from office by the electorate. We can debate that and vote on it but we can't allow a judiciary to decide it. The argument here is that the peoples' right to decide the makeup of their constitution may not be usurped by a juridical oligarchy, a "despotic branch." This method of emendation has already been pointed out to you as a means to avoid the "sanctimonious reverence" Jefferson stated in your quote. What harm can come of forbidding justices the powers allotted to Congress?

____

It seems to me not beyond hope that Congress can be apprised of this threat to their own power by this nomination. A nominated-for-life juridical oligarchy may do the bidding of those who empower them now but once done, those powers may prove difficult to revoke. They may be used in a completely contrary manner to their original intent. Think of the office of the Special Prosecutor. Invented to investigate Nixon, it survived to investigate Clinton. Be careful what you wish for is what I'd say to Democrats. The institutions you create may be used, not by your angels but your devils.

Based on the article I just read, I feel that candidate Kagan is a wrong choice for the office for which the President Obama chose her.

Practice rather than preach. Make of your life

an affirmation, defined by your ideals, not the

negation of others. Dare to the level of your

capability then go beyond to a higher level.

------Alexander Haig (1924-2010)

This article points out exactly what our present Federal Government is. Nothing but a bunch of "so what" unconstitutional rhetoric and a total lack of what this country has always been until the last presidential election. I only hope my time left on this earth is short, because our present government doesn't care about what this country was founded on and honest hard-working people are all being "thrown under the bus".

You are 100% "Spot On". The sad part is that the conservative side will cave, led on by the likes of Lysey Graham of S.C. There is no one in Washington D. C. that has the huevos to stand up and be counted. It is all about votes and money.

05/14/10

To James Newton,

With views on"SOCIALISM,The LIVING CONSTITUTION &

HER TWISTS of WORDS of our Founders Legal Document

maintained many times by the BLOOD of our PATRIOTS.

The reference to the supreme court nominee KOMRADE

KAGAN is correct,One is also IDENTIFIED by their

BELIEFS.The DEMOBAMA PARTY of TREASON will no doubt OK the marxist.

We simply need to be in contact with EVERY Senator to express our view of this nominee and to ask the question "Will you be serious and willing to get her to publicly express her clearly left wing perspective?" She must be vetted as hard and as vigorously as was Robert Bork; not permitted to equivocate on the excuse that she can't respond to hypotheticals; and compelled to demonstrate if she even does have the in depth knowledge she is alledged to have. I don't know if she should be filibustered; I do think she needs to subjected to very serious and indepth questioning. If it takes the rest of the summer and into the fall, so be it.

Everyone that Obama is appointing are disgusting Most are overweight mis-fits that are a sorry reflection of our country. Our President smokes but yet he talks about health care. Who is he to tell us about health care. Many of our congress members are overweight and in poor physical fitness. Who are they to tell us about health care. The country is being led to destruction just as Hitler did before WW II to entice people to follow him. Our ill-informed gullible citizenry who voted for these quacks are 'being led to slaughter'!

Is anyone surprised since this is one party rule?

We have done it to ourselves and now we will pay the consequences yet again. Like Obama, this woman has no experience and no paper trail. When will we ever learn? A lifetime appt. of critical importance given to someone with "thin" qualifications? If we don't contact our representatives in an effort to give her the down vote, then what is the matter with us?

What if I interpreted the Word of God as Justice Marshall and Kagan interprete the Constitution? "...the Constitution must be interpreted in a way that succumbs to the contemporary political, moral and cultural climate." The Bible and the Constitution must never succumb to any political, moral and cultural climate.

The Obamanation is showing it's true colors more and more every day, and the sheeple are letting this happen. There best be dramatic changes come November 2nd, or this nation will no longer exist.

The nominated Judge Kagen seems more than capable of

trashing the entire Constitution as it was written

to suit a totally socialistic adgenda ! Where is the balance for her to be the least bit interested in presenting BOTH sides of any opinion ?

The day has come in which we must stand! For if we fail to stand, fail to have the courage to speak out, we will have no way to speak out tomorrow. The open window of 'freedom of speech' is closing, speak now, write now, lobby now, telephone now, before we have a totally closed window cutting off all opposition which could have an impact on our nation's growing socialism.

Our country can not afford to have this kind of judge sitting in a place where she could, with nobam's help, destroy our country and our constitution! She needs to be cast out of selecton, publicly flogged and then shipped to Cuba where they can use a few more good men like her. I am tired of people like this being positioned by nobama to limit if not distroy our constitution. He hates America and Christianity. Get the bums out!!!

As a recent subscriber, having been referred bya very good friend, I would like say that I appreciate what I have read so far. I strongly feel that we need to stick together in these times. One thing bothers me, and it bothers me a great deal. It is yourusage of uber, ( I couldn't produce the umlout ) , meaning over, beyond and so forth. I am afraid that there are those, and I am sort of among them, who are sort of put off my the implication that usage of the Germanic language brings forward. ( No insult intended to our German friends ). Why would we want to alienate anyone who subscribes to our common goal of causing there to be less government intrusion, etc.?

I would very much be interested in your comments on my question.

Thank you.

Jimmy

It was a tragic and a sad day when Judge Robert Bork was rejected for the supreme Court.

It is equally tragic and sad that "?Justice?" Elena Kagan has even been nominated for a position on the Supreme Court.

As Dr Don Bailey said, "The Bible and the constitution must never succumb to any political, moral and cultural climate."

Indeed, political, moral and cultural climate must conform to the Bible and the Constitution.

Why should anyone question Obama's choice...did anyone think he would pick someone who actually had experience and understands the Constitution? Getting over that....this woman is nothing more than a maxist and has no busisness being a jurist, and for sure not a Supreme Court Jurist.... we can only home that common sense will prevail and she will be rejected...

We need someone who will support a constitution of original intent which can be, and has many times, amended by by the people by a simple legal process. It should not be amended by nine black robes.

Reading the above, further fortifies the thought that our country is solidly sliding toward Socialism. It seems that history of the past sixty years has not taught some people that communism does not work. It only beenfits the power hungry and those who look for individual financial gain that the cost of the general populus.

Sir, Where in the Constitution does it state that Supreme Court judges are appointed for life? Respectfully Andrew M. Pietri USAF Ret.

I came across this polemic when doing research on Elena Kagan's jurisprudential views.

A few comments if you don't mind:

1) I fail to understand people who today claim to understand the purpose behind much of the Constitution's framing. You weren't there. You don't have special insight into what was meant by certain phrases and certain words. It is hardly clear, for example, what the Constitution meant when it said "Citizen." The document failed to provide a list of definitions. Needless to say, we had a civil war and several constitutional amendments over this issue, one that the Founders left unclear for us to fight (and die) over.

2) Elena Kagen's HISTORICAL essay ON THE SUBJECT OF the SOCIALIST MOVEMENT IN THE UNITED STATES when she was in her early 20's is hardly representative of her VIEWS ON SOCIALIST THEORY today. I don't really understand where all you right-wingers think that we liberals go to school, but Socialism, Marxism, Communism, they failed. Liberals get it. China gets it. They aren't even communists anymore. That's why we helped pass welfare reform during Clinton's presidency. Liberals aren't socialists, and haven't really ever been in this country. Socialists and Communists were a radical fringe element that has never had any traction in this country outside a few specific policy areas. Unless you think that Social Security is socialist, in which case, by all means, return the check you get every month. We could use the money.

3) That decision you apparently quote about Jefferson is a decision that adversely affected his presidential administration. Of course he would feel badly about it.

4) while you are at it, running around quoting founding fathers and all, you might want to recall that, as they created our Constitution, White Landowning Males could vote. That is it. It's not really a democracy when the majority of the population lacks the ability to vote. Its nice to talk about the cause of liberty and the cause of mankind, but they purposefully excluded vast numbers of Americans. You might want to consider that when talking about the inerrancy of the constitution. I'd hardly think that people would believe that slavery is a good idea, simply because it was in the constitution prior to the very bloody civil war.

Thanks,

now enjoy your collective freakout!

I will quibble with only one point: Kagan has "no paper trail". She didn't until recently, but the Library of Congress and some other institutions have recently release 80,000 pages of documents relating to her career, including a lot of legal opinions (in the form of memoranda to judges) while she was a legal clerk on SCOTUS.

If conservatives are half smart on this they will look in there for words they can hang her with.

Eric