Obama's Supreme Court pick

A Supreme Let Down
by Kirk Barbera, staff writer

As many American’s are aware, Supreme Court Judge David Souter is now retiring after 19 years. This gives President Barrack Obama the opportunity to exercise one of his most important executive powers; to appoint the next Supreme Court Justice. Obama has made it very clear his major requirements for the next Supreme Court choice. As he has said on a few occasions “We need someone who’s got the heart to recognize – the empathy to recognize what it’s like to be a teenage mom, the empathy to understand what it’s like to be poor or African-American or gay or disabled or old. And that’s the criteria by which I’m going to be selecting my judges” This bold statement completely refutes the intent of our constitution.

Our framers specifically and painstakingly designed a state that is a ‘constitutionally restricted republic.’ Today, people believe our country is merely a democracy, yet they forget democracy is only one check on the overall state.

A problem with the way America’s state was designed begins to occur when we look at what a state really is.

Murray Rothbard succinctly covered many aspects of the state in his essay The Anatomy of the State. First, understanding the state is not us. This is a common misconception today, that ‘we are the government.’ This sad and ideological term ‘we’ has prevented citizens of a particular state to be unaware of the reality of political life. As Rothbard States: “If ‘we are the government.’ Then anything a government does to an individual is not only just and untyrannical but also ‘voluntary’ on the part of the individual concerned.” As he further explains, “under this reasoning any Jews murdered by the Nazi government were not murdered; instead, they must have ‘committed suicide,’ since they were the government (which was democratically chosen), and therefore, anything the government did to them was voluntary on their part.” This reasoning seems ludicrous, but yet, it is completely in line with the common thinking of our time. It must be emphatically stated that we are not the government, and understand what the government is and its general purpose. A state is an organization that has a ubiquitous monopoly on force over a given geographical area. Moreover, it is the only organization which does not attain its monies by voluntary measures; its only means to attaining revenue is force.

There are only two ways a human may attain wealth; voluntary trade, or compulsion. Open hand, or the gun. The state only has one option available to it.

This then leads into the development of our own constitutionally restricted republic. Our founding fathers knew one thing, and that is, if a state is left unchecked it will trample individual rights, as per the states nature. Our founders began with the understanding that individual rights are not granted from god, society, king or any other means – but that individual rights are inalienable. Some may cite the Declaration of Independence’s statement: “That they are endowed by their Creator with certain inalienable rights.” This seems to say that our founders believed our rights derived from god, or something outside of ourselves, yet this is not congruent with what our framers tried to convey. Merely a line before that ‘Creator’ line it states: “…assume the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them.” It is clear through the writings of our framers what they hoped future generations would retain, and that is our conception of our individual rights. Rights are a moral concept which serves as a transition from the principles which guide each and every one of us individually to the principles guiding our relationship with others. As Ayn Rand wrote, “the link between the moral code of a man and the legal code of a society, between ethics and politics. Individual rights are the means of subordinating society to moral law.” Also in Atlas Shrugged the character John Galt explains, “the source of man’s rights is not divine law or congressional law but the law of identity. A is A and man is man. Rights are conditions of existence required by man’s nature for his proper survival. If man is to live on earth, it is right for him to use his mind, it is right to act on his own free judgment it is right to work for his values and to keep the product of his work. If life on earth is his purpose he has a right to live as a rational being: nature forbids him the irrational.”

There is a disconnect, from what our founders intended, and what they in fact implemented in our constitution. The Supreme Court of the United States of America has the ultimate and last say in the interpretation of our constitution, and it is a part of the government. The masses may believe that the judicial branch of the government is separate from the other two, yet the members are chosen from the executive and legislative branches. This allows the federal government to pick the individuals who will be enforcing the rules they will create, which is like a professional basketball team picking the referee who will ref their games. The basketball team (and the politicians) will obviously pick those people who are most likely to call the game in their favor. So comes to fruition, once again, the battle between state power and social power.

In our system, the best check on this blatant flaw is our president picking the best person for our country. When we select a president to run for 4 years it should be known by the public that when the president chooses a Supreme Court Judge, it is a lifetime position. Justice John Paul Stevens all but wiped away the constitutions restrictions on the government’s ability to confiscate private property in “Kelo v. New London” – 30 years after President Ford appointed him.

When Obama speaks of choosing Judges based off of their ‘empathy’ he neglects the purpose of the judges. Obama, a former law professor, completely ignores the reasoning behind our lady justice being blindfolded. The reason Justice is blind, is that it matters not what a person’s skin tone is, what their social status, wealth, fame, handicap, political preferences, sexual preferences and more are. Only justice matters.

It is unfortunate but when Barack Obama chooses a judge it will be in complete accordance with his world views, which he has elucidated very clearly to the American people and we are still buying into what he is selling. The only factor that Obama cannot forestall (yet) is time. It takes a lot of time for judges to retire, or die. If our country can sound the alarms now, it just might be enough time to alter the course of the way our constitution is upheld for the next 30 years.

Regrettably, our current media is on the side of destroying our constitution. In the Sunday Denver Post an article written by Michael Riley outlines the grievous errors in all of our judgments. Governor Bill Ritter and two freshman senators asked Obama to “Seriously Consider” appointing Secretary Ken Salazar to the U.S. Supreme Court. What did they and the article cite were Salazar’s qualifications? That he is a “Westerner who from hard-scrabble beginnings has risen to become one of the country’s most successful Latino politicians.” The people pushing Salazar mainly are explaining his heritage, his skin color and his ability to rise from nothing to political bureaucrat. The article also points out that politicians and interest groups have been weighing in on their judgeship pick since Souter announced his retirement. Here is how they wish to ‘weigh in’ on who should be picked, “an African-American, a Latino, a woman, a liberal, to balance the court’s conservatives or a moderate who would sway from the middle.” This erases the most important qualification, which is whether the new judge will uphold our constitution. The article does point out that Salazar has never served as a judge but that doesn’t matter because Obama will consider real world experience when he is making his big choice.

The question our politicians should be asking our judges is not whether they will have empathy for the people they judge over, but whether or not they will uphold the constitution which protects all of our individual rights. The biggest danger for our country is not merely how a judge will vote on this or that issue, but whether they will undermine the very concept of the rule of law. Our country was founded on this idea. The idea that ‘laws not men’ govern. Once we erode this concept, our very ability to live as free people is wiped away.

to read more from Kirk Barbera, please visit his blog at: www.cedrac-standup.blogspot.com