Judge Alito
(and other nominees)
Now, Chief Justice Roberts.
Harriet Miers
Judge Samuel Alito
any possible others.
What do they have in common? Please don't call them "conservative".
Don't pretend they are "pro-life". They are not "strict
constructionists". They absolutely will not fix the broken courts.
The most common thread between them is that they believe in honoring
precedence (stare decisis) above performing their duty to the
Constitution. They believe, as current law schools and their colleagues
teach, that their role is to honor previous decisions. This is embraced even
if these decisions are erroneous in their own minds, especially if a
'higher court' made a terrible decision. They each will not
allow their 'personal beliefs' to interfere with their decision making
on the court.
Precedence appears to be the most revered principle at work in their
minds. God's principles as encompassed in our founding documents, with
the marching on of time and judicial dilution, are subjected to error compounded upon error,
ultimately leading to our current judicial confusion and further
increasing subjectivity of
the judges. This is the great danger and explanation for our courts
falling into tyrannical injustice.
DURBIN: Let me ask you a few starting points: The question
was asked of John Roberts about his personal, religious and
moral belief. And I would ask you, in the most open-ended
fashion.
We all come to our roles in life with life experience and
with values. When you are calculating and making a decision,
if you were on the Supreme Court, tell me what you are
personal, religious, or moral beliefs -- what role that will
play in that decision process.
ALITO: Well, my personal religious beliefs are important to
me in my private life. They are an important part of the way
I was raised and they have been important to Martha and me
in raising our children.
But my obligation as a judge is to interpret and apply the
Constitution and the laws of the United States and not my
personal religious beliefs or any special moral beliefs that
I have.
And there is nothing about my religious beliefs that
interferes with my doing that. I have a particular role to
play as a judge. That does not involve imposing any
religious views that I have or moral views that I have on
the rest of the country.
|
Despicable. Every one of the judges swore to uphold the
Constitution of the United States. Not the imaginary constitution
that others said gave people the right to kill unborn babies. Not the
imaginary one that says homosexual marriage is fine. Not the imaginary
one that says that there is a separation between church and state. Not
the imaginary one that says property can be forcibly taken from some and
sold to others.
Thomas Jefferson said:
"The germ of dissolution of our federal government is in...the
federal judiciary; an irresponsible body (for impeachment is
scarcely a scare-crow) working like gravity by night and by day,
gaining a little today and a little to-morrow, and advancing its
noiseless step like a thief, over the field of jurisdiction, until
all shall be usurped from the States."
Jefferson was right. Each of the above Supreme Court
candidates/nominees/justice cannot truthfully be seen as solutions to a
broken judiciary. They are the problem even though they
deeply feel they are performing as they should. Perhaps they are not as
bad as some. Yet with their cognizant choice to divorce their apparently
biblically based 'own opinions' from their decisions and their
preference toward honoring precedence we will not see relief. We merely
further entrench the errors cloaked in additional 'super precedence' as
Senator Arlen Specter (R-PA) coined.
This is mere capitulation and worse, a violation of their specific oath.
For example, Judge Alito in 2000 joined the majority to strike down a
ban on partial birth abortions in New Jersey. The case
Planned Parenthood Of Central New Jersey v. John Farmer, Jr., Attorney
General of New Jersey case on appeal was filed on July 26, 2000.
Alito wrote: ...“That opinion fails to discuss the one authority that
dictates the result in this appeal, namely, the Supreme Court’s decision
in Stenberg v. Carhart, (U.S. June 28, 2000; which struck down a
Nebraska law banning partial-birth abortion)"
“Our responsibility as a lower court is to follow and apply controlling
Supreme Court precedent..."
Whatever reasons given to rule in such a manner neglects the lack of
moral judgment and puts the Supreme Court above the legislature.
We do not need another justice who thinks in such a dangerous manner.
Alito represents our problem, he is no solution.
We will still have erroneous decisions like Bush's appointee (Judge
John E. Jones III, another 'strict constructionist', right?) recently
made in Pennsylvania striking down a Dover Board of Education from teaching
intelligent design theory as well as evolution.
Psalms 11: 7 For the LORD is righteous, he
loves justice ; upright men will see his face.
Proverbs 18: 5 It is not good to be partial to the wicked or to deprive
the innocent of justice .
Proverbs 28: 5 Evil men do not understand justice , but those who seek
the LORD understand it fully.
Isaiah 1: 21 See how the faithful city has become a harlot! She once was
full of justice ; righteousness used to dwell in her-- but now
murderers!
Isaiah 59: 7 Their feet rush into sin; they are swift to shed innocent
blood. Their thoughts are evil thoughts; ruin and destruction mark their
ways. 8 The way of peace they do not know; there is no justice in their
paths. They have turned them into crooked roads; no one who walks in
them will know peace. 9 So justice is far from us, and righteousness
does not reach us. We look for light, but all is darkness; for
brightness, but we walk in deep shadows. 10 Like the blind we grope
along the wall, feeling our way like men without eyes. At midday we
stumble as if it were twilight; among the strong, we are like the dead.
11 We all growl like bears; we moan mournfully like doves. We look for
justice , but find none; for deliverance, but it is far away. 12 For our
offenses are many in your sight, and our sins testify against us. Our
offenses are ever with us, and we acknowledge our iniquities: 13
rebellion and treachery against the LORD, turning our backs on our God,
fomenting oppression and revolt, uttering lies our hearts have
conceived. 14 So justice is driven back, and righteousness stands at a
distance; truth has stumbled in the streets, honesty cannot enter. 15
Truth is nowhere to be found, and whoever shuns evil becomes a prey. The
LORD looked and was displeased that there was no justice .
Habukuk 1: 4 Therefore the law is paralyzed, and justice never prevails.
The wicked hem in the righteous, so that justice is perverted.
When a car is broken, you must fix it, not put on another failing part.
We need leaders who lead according to the plan of the founders. Our
Declaration of Independence explained it well:
"... Prudence, indeed, will dictate that Governments long established
should not be changed for light and transient causes; and accordingly
all experience hath shewn that mankind are more disposed to suffer,
while evils are sufferable than to right themselves by abolishing the
forms to which they are accustomed. But when a long train of abuses and
usurpations, pursuing invariably the same Object evinces a design to
reduce them under absolute Despotism, it is their right, it is their
duty, to throw off such Government, and to provide new Guards for their
future security. — Such has been the patient sufferance of these
Colonies; and such is now the necessity which constrains them to alter
their former Systems of Government."
The Declaration of Independence was right. We have patiently watched our
courts destroy our nation. According to the Declaration, it is our
duty
to overthrow the broken institution. Our Senators must take their job
serious whether or not it is popular and impeach those who refuse to be
bound down by the constraints of the Constitution, as Jefferson said:
"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."
It is a Senator's constitutional duty to check and balance the judiciary
using the Constitution. A duty and a
rightful power given to them by the Constitution that they pretend does
not exist. In the recent Judge Samuel Alito's confirmation hearing in
the Senate, the following comments were made:
Senator Biden (D-Vermont) said:
"The Constitution provides for one
democratic moment, Judge, before a lifetime of judicial independence,
when the people of the United States are entitled to know as much as we
can about the person that we're about to entrust with safeguarding our
future and the future of our kids."
"And, Judge, simply put: That is this moment, the one democratic moment
in a lifetime of absolute judicial independence. And that's what these
hearings are about, in my view."
Remember, at most, our founders planned 3 co-equal branches (or
arguably the judicial branch is the weakest) in the government.
Checks and balances are lost when the Senate fails to do their duty to
impeach those judges who go beyond the boundary of the Constitution
("bad behavior"). They can do away with lower federal courts and
may outline the jurisdiction of the courts and can constitutionally
order the courts to not touch certain areas of the law. If this
were not true, then our founders would have wanted us to bow to the
whims of the judiciary which removes our freedoms.
see other examples from the transcripts
here.
see an
explanation of stare decisis here:
Stare Nondeterminus
All this is judgment upon us. We get the government we deserve.
We must repent and ask for God's forgiveness. Then these things
can be repaired. Unfortunately with Iran and terrorism moving
forward, it appears God's will is to pull us back in line by inflicting
more punishment and removal of our freedoms. May God have mercy on
us.
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