Jabberwocky and the Supreme Court

David Harsanyi recently noted in The Federalist that the Democrats don’t fear Brett Kavanaugh as much as they fear The Constitution. He is correct. And it is an existential threat to them.

Specifically,” prospective presidential candidate Kamala Harris argues, “as a replacement for Justice Anthony Kennedy, his nomination presents an existential threat to the health care of hundreds of millions of Americans.” Surely the former Attorney General of California comprehends that “health care” is not a constitutional right, but rather a policy concern whose contours are still being debated, and probably will be for decades, by lawmakers.

What Harris probably means is that Kavanaugh is an existential threat to the practice of forcing Americans to buy products in the private marketplace against their will.

And

Leading presidential contender Bernie Sanders, whose collectivist doctrine clashes directly with Constitution’s goal of restraining the state and empowering the individual, worried about “workers’ rights, health care, climate change, environmental protection and gun safety.” He should.

Kavanaugh, with Justice Neil Gorsuch, is a critic of Chevron deference, the practice that allows administrative agencies to ignore their charge and have free rein to interpret statutory authority in virtually any way they please. Few things undermine the socialist agenda more than limiting our regulatory agencies’ ability to lord over the economic decisions of Americans.

Democratic Sen. Kirsten Gillibrand, another potential presidential hopeful, says Kavanaugh “can’t be trusted to safeguard rights for women, workers or to end the flow of corporate money to campaigns.” To “safeguard” the rights of women means keeping abortion legal on the federal level, without any genuine restrictions. While invented rights are sacramental, other precedents, like stopping the “flow of corporate money” – which is to say, the right of free expression codified by the Citizens United decision – should be conveniently discarded. There is absolutely no guiding principle to any of this other than political preference.

In Through the Looking Glass, Lewis Carroll has Humpty Dumpty explain his use of words to us (and Alice) thusly…

‘When I use a word,’ Humpty Dumpty said, in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’

‘The question is,’ said Alice, ‘whether you can make words mean so many different things.’

‘The question is,’ said Humpty Dumpty, ‘which is to be master — that’s all.’

Alice was too much puzzled to say anything; so after a minute Humpty Dumpty began again. ‘They’ve a temper, some of them — particularly verbs: they’re the proudest — adjectives you can do anything with, but not verbs — however, I can manage the whole lot of them! Impenetrability! That’s what I say!’

And that is exactly what the left tries to do. But the Constitution’s words are very stubborn things and so are those of us who haven’t gone through the looking glass, and we keep insisting that words mean just what they say, as they always have, do, and always shall.

And that is exactly what we mean when we refer to originalism and textualism – words mean what they say. It is one of the main things that has made America different, the law is the law, and it is supposed to apply to everyone. And yes, you may have noticed that we have been having problems on that score lately, it is most definitely related.

And that is also why judges like Cavanaugh (and Gorsuch) and others like them, are so threatening to the Democrats. If the law is the law, the law is no longer what they desire, and if they have to obey it, well, they don’t find that fun. After all, Hillary probably does not think international orange is the most flattering color for her pantsuit.

All of this refers to the rule of law, and that is the basis that made “The West the Best”. It was best exercised in the US and the rest of the Anglosphere, and is the very reason why we have outstripped the rest of the world, in economics, in freedom, and in all the rest.

And yes, the United States Constitution is foundational to this all over the world, I can’t count the number of times that I have heard Englishmen and women (where the concepts of American law developed) quote our constitution.

It is something worth defending, and it shall be defended. And that is why Trump, since his election, has become very definitely: My President. And he would be, if he did nothing else.

 

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37 Responses to Jabberwocky and the Supreme Court

  1. Reblogged this on Boudica2015.

    Like

  2. the unit says:

    For this ‘reason’ I say don’t listen to Humpty-Dumpty. “Errors of opinion may be tolerated where reason is left free to combat it.” – Thomas Jefferson
    🙂

    Liked by 2 people

    • NEO says:

      Old Tom knew what he was about! 🙂

      Like

  3. Nicholas says:

    It seems to me that the ideological basis for the modern Democratic Party (as opposed to earlier incarnations) is the desire to control everything: “Man is the measure of all things” – and that is really the crux of the sin story in Genesis 3. For me, the Democrats have become a symbol of man’s rebellion against God, who is the source of the natural law and the Sovereign of all creation. The fact of the matter is: there are things in life we just cannot control.

    Liked by 2 people

    • NEO says:

      That’s as good a description as I could make, and it applies to some other currently, and in history.

      Liked by 1 person

      • Nicholas says:

        Well, not that you need me to say it, but I bid a hearty welcome to PRESIDENT Trump today, even if a large swathe of the country does not. I admire the President’s patriotism and his willingness to take the risk of speaking his mind in an age of equivocations and cowardice. In a job interview yesterday when I was asked whether the President was dangerous or a genius, I replied, “A genius…uniting the fragments of the Right.”

        Liked by 3 people

        • NEO says:

          Well, not that it matters, either, but I thank you. I thin Middle England agrees with you, from what I’ve read.

          Hope you didn’t blow up the interview with that! 🙂

          Liked by 1 person

        • Nicholas says:

          Well, with all the rejections from law firms I’ve had, who knows. But I was tactful and explained that the Left is behaving irrationally, and that is our main beef. In the first half of the twentieth century you could have a rational discussion with a Democrat. Now…well, I’d like to find one, just one, I could have a conversation with.

          Liked by 1 person

        • NEO says:

          Even when I was young, most Dems were rational people,-heck my dad was a democrat and as conservative as I am. These are the hippies from 1968 that the construction workers, union to the man, shut down, and so they went back to the universities, and started this mess.

          Liked by 1 person

        • Nicholas says:

          Quite right. I lay a lot of the blame on the corruption of the universities and the state-run schools. As you, Scoop, and I have been saying, once they started hacking at the metaphysical roots of Western culture, they killed it. Much to be sad about. But this is such good news that you’re getting an originalist court. We need to win this battle desperately; we need to keep hammering the point that abortion is a species of murder.

          Liked by 1 person

        • NEO says:

          Lots of truth in that. One of the best things was that the Court found last week that the so-called agency fees that the public worker unions were collecting from non member (including teachers) were unconstitutional. That’s more than a few million dollars that the Dems will have to do without. Don’t expect too much on abortion, even if they overturn Roe v Wade it would just go back to the States, some might mostly prohibit, but some would likely end up very liberal. That one has to be won in the hearts and minds.

          Liked by 1 person

        • Nicholas says:

          Yes; I read a BBC article – last week, I think – on the different states. I think Louisiana has a system where there’s a law that will automatically take effect as soon as Roe v Wade is overturned – so abortion will become illegal overnight there. I read that Louisiana’s jurisdiction is based on the French code civile, and that it is a hybrid between the European and common law approach, a bit like Scotland.

          Liked by 1 person

        • NEO says:

          Yeah, there is som French left in Louisiana law. I don’t really know how it intersects with Federal law, but its been working for a long time. Interesting times, eh! 🙂

          Liked by 1 person

        • the unit says:

          Well Nicholas, my son 35 today, quit law (Harvard of the South, Vandy grad) few years ago Got additional training and now CPA at 1/4 the cost. Expensive lesson. And of course got to be in country where people making money and libs trying to tax the heck out of them to have the business.
          At least he didn’t start off trying to be a TV evangelist. 🙂

          Liked by 2 people

        • NEO says:

          Good point, that! 🙂

          Liked by 1 person

        • the unit says:

          Well, if he’d become TV evangelist maybe I wouldn’t be askin’ today, Why me Lord?
          Wife’s sister came from Hawaii Tuesday, they left this morning to unite with brother, from Blowing Rock, and sister in Daytona Beach where they all grew up.
          I received this morning instructions how to tend to three liberal cats, each requiring different diets, and numeous house and patio plants watering schedules…and an aquariam like thing with sand crabs which needs water, salt water and food, which I didn’t even know we had, left over from when daughter was living here.
          They be gone 7 days, then I can be rested. 🙂

          Liked by 2 people

        • NEO says:

          Ah yes, I have nieces that have Norwegian Forest Cats. Nice cats, actually, but spoiled more than anything I’ve ever seen. Still family’s family, or something. 🙂

          Liked by 1 person

        • Nicholas says:

          Well you could practise your St Francis of Assisi and preach to the cats._.:)

          Liked by 2 people

        • the unit says:

          Yeah, one needs preaching to very hard. Eats those little green lizards that somehow get inside. St. Francis might frown on that. 🙂

          Liked by 2 people

        • the unit says:

          Yeah, this cat is one I think, Norwegian. Was feral ’til we brought it in a few years ago when winter came. Wife calls it Fluffy. I call it Kaepy. 🙂
          https://www.google.com/imgres?imgurl=https://s.hdnux.com/photos/67/35/51/14539355/6/920×920.jpg&imgrefurl=https://www.sfchronicle.com/49ers/article/Colin-Kaepernick-s-silence-is-a-powerful-message-12354598.php&h=920&w=744&tbnid=yby0YwDIhEP4VM:&q=colin+kaepernick&tbnh=186&tbnw=150&usg=__Q9pq563rKRVpAIRZZQJj1F7R3UM%3D&vet=1&docid=23uBlq7KsMxF6M&itg=1&sa=X&ved=0ahUKEwjIvJHGyZrcAhVkRN8KHeExA9wQ_B0IiAIwGg

          Liked by 2 people

  4. the unit says:

    Yep, you both know, and me, Old Tom was a rational liberal in his time.

    🙂

    Liked by 1 person

    • NEO says:

      Yep, he was a real liberal, not like the current scum, at all. 🙂

      Liked by 1 person

    • the unit says:

      And well, the part we can’t control so much. 🙂

      Liked by 1 person

      • NEO says:

        🙂

        Liked by 1 person

  5. the unit says:

    Yep, spittin’ image of Kaepy, warrior lizard eater. 🙂

    Like

    • the unit says:

      Well, here image.
      http://mentalfloss.com/article/69586/10-furry-facts-about-norwegian-forest-cats

      Liked by 1 person

      • NEO says:

        Good stuff. They are great cats, most of those in the family are colored like grat tigers. The health problems are real, but if I were looking for a cat, that’s what it would be.

        Like

        • the unit says:

          If you looking, watch to see if cat looking back to see. 🙂

          Liked by 1 person

        • NEO says:

          Good advice, but I’m not enough of an old lady yet! 🙂

          Liked by 1 person

        • the unit says:

          Nope, that why I looking forward to seventh day so I can rest. 🙂

          Liked by 1 person

        • NEO says:

          Quite so! 🙂

          Like

  6. the unit says:

    Seeing pictures of the Continental Congress meeting back when…got to remember my ancestors were their constituents. Polished politicians wouldn’t dare do them wrong…and probably looked a lot like them when they flew coach class home on the weekends, Thursday through Sunday. 🙂
    https://www.gannett-cdn.com/-mm-/f54df7a099cdd24e796f9eb5f4a816f0c5d34d71/c=0-143-844-778/local/-/media/StCloud/2015/02/14/B9316184976Z.1_20150214145846_000_G7S9TMQ79.1-0.jpg?width=534&height=401&fit=crop

    Liked by 1 person

    • NEO says:

      Probably so! 🙂

      Like

      • the unit says:

        And while I was looking back…lots of clippings and notes. Looking for paper to start a fire to burn my yard cuttings …as running low on diesel fuel. Came across this about something that had persisted til that day, which now another nearly 20 years, still does.
        http://reason.com/archives/2000/08/01/looking-back-at-looking-backwa

        Liked by 1 person

        • NEO says:

          That’s a really good article! 🙂

          Like

        • the unit says:

          Better just ask for more diesel, if commune has it, instead of burning my ole notes. 🙂

          Liked by 1 person

        • NEO says:

          Indeed! 🙂

          Like

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