Elena Kagan: the only thing that matters… is Congress’ intent

Oh, am I dismayed.   With Elena Kagan’s view of her mission: “only thing that matters in interpreting any statute — is Congress’ intent.” as she told Senator Franken.    I ask:  What about the Constitution!    For that document is rather explicit on the subject.    Article IV  Clause 2 states: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made,….. shall be the supreme Law of the Land.”   And in Clause 3 states:”..judicial Officers, (and legislators as well), shall be bound by Oath or Affirmation, to support this Constitution;”
Similarly Congress’ actions, if not their perception of mission is to obfuscate “the law” and make plenty work and money for lawyers. For example: the  “Money is not Speech” DISCLOSE Act took 94 pages, didn’t get the job done, and created more problems.   Who puts the intent of one person, one vote into force?    The “money is speech” fantasy cancels that very intent.
If the law is incomprehensible, who can obey it?   It makes work for lawyers, though.  I deeply understand the frustration of the Tea Party folks, who are really not that different in what Ralph Nader was saying in past years:   “None of the Above!, give me a choice other than tweedle dum and tweedle dummer, give me a choice other than the Democratic machine, or the Republican machine.”  Political parties, as you may recall, are not to be found in the US constitution, nor are the rules of the senate which currently require a 60% margin to win a vote.  When I was a boy, and throughout the successful part of American history, 50% plus one made for a majority.
I want Justice to protect myself, and my fellow citizens by using the Bill of Rights and the force of law.   Who is going to do that?    I spent my life believing that was the job of the Justices of the Supreme Court.  The textural identity of “supreme Law of the Land” and “Supreme Court” seems rather obvious to this carpenter.  I find all three branches… The Court, the Congress and the Executive to be mere partisans as though this is some sport.    It is not.    I am a veteran who served and who still feel bound by the Oath I took.   They have taken the same oath!   I feel forsaken.
I repeat:  Who will make the constitution real?  You know… speedy trial, jury of peers, the people shall be secure from unreasonable search and seizure, only the Congress declares war…. things like that.      What do we have?  Stare decisis, money is speech, corporations are persons and elections are now legal bribathons.
Why does no one quote the Constitution?  The language is crystal clear.  Millions of Americans took that oath.    Our constitution is  being forsaken.
Anyhow,    Happy Fourth of July,  your Senators are coming home to celebrate with you.      Have a good BBQ and give them a good grilling.
See you there.

2 responses to “Elena Kagan: the only thing that matters… is Congress’ intent

  1. An aprapro poem:

    As Elena Kagan’s Confirmation Hearing Approaches, We’re Reminded of John Robert’s Promise to Be an Umpire Calling Balls and Strikes

    By Calvin Trillin

    Regardless of which laws he likes,

    He’s only calling balls and strikes.

    Of balls and strikes that he has eyed,

    The union pitches all look wide.

    When criminal defendants try

    To throw a strike, it’s always high.

    Consumers make for easy calls:

    Their pitches simply all are balls.

    By chance, the pitches that are great-

    The ones that nick or split the plate;

    The ones deserving of ovations-

    Are pitched by cops or corporations.

    A left-wing lawyer sharp as Darrow

    Will find the strike zone much too narrow.

    Behind it, crouching, is the Chief,

    Quite confident in his belief:

    Regardless of which laws he likes,

    He’s only calling balls and strikes.

    From the Nation’s June 7, 2010 issue.


  2. What? You mean to say you do not support the Democratic nominee? Doesn’t that mean you prefer the dark side, such as John Roberts. Ug. What kind of nominee, then do you want? There are some questions for you.


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