PRESERVE, PROTECT and CONDEMN
by
FRANK M. GENNARO

"Preserve, Protect and Condemn explores the future of government controlled healthcare in America. The bad news is that you might not have one."

FRANK ON FRIDAY – Here Come the Judge

The recent resignation of Justice Anthony Kennedy gave President Trump a second opportunity to choose a new member of the Supreme Court.  Right on cue, the Left has activated its crazy machine and the nuts are running amok forecasting impending doom.  Such a thing happens whenever a Republican president gets to choose a new Justice, but add the fact that the president is Donald Trump and the nuts are that much more manic.  No sooner had Kennedy announced his resignation, than the latter day Jeremiahs of the Left began their weeping.  Supposed legal expert Jeffrey Toobin of CNN kicked off the doom parade, “Abortion illegal; doctors prosecuted; gay people barred from restaurants, hotels, stores; African-Americans out of elite schools; gun control banned in 50 states; the end of the regulatory state.”  Right Jeffrey, but you forgot “people stampeded and cattle raped.” Anyhow, since when was the regulatory state a good thing?  Nina Totenberg of NPR decried, “the end of the world as we know it.”  New Jersey Senator, aspiring presidential candidate, and mental midget Corey Booker pondered, “Do we want to go back 50 years?”  I’ve got to give you that one Corey, going back 50 years puts us in the Warren Court, the most liberal Supreme Court we ever had.  Don’t want that.  Former Virginia Governor and Democrat hack Terry McAuliffe predicted that a conservative Justice will, “threaten the lives of millions of Americans.”  Terry isn’t concerned about the more than 40 million lives lost to abortions since Roe v. Wade, or the 4,300 Americans killed each year by illegal aliens.  That erstwhile pundit Nancy Pelosi offered that, “civilization as we know it is at risk.”  She’s not wrong about that.  This latest Left-wing hysteria stems from one’s vision of the role of the Supreme Court.  Leftists see the Court as a super-legislature to advance their positions regardless of election results.  Maybe I’m naive, but I prefer Justices who judge the facts and law and make the right decision, regardless of the latest polling.  What a novel idea.  Both sides say they want an independent judiciary.  They do, but for different purposes.  Conservatives, or more specifically constitutional originalists,  see independent judges who will come to the right result, regardless of current public opinion.  This judge’s lodestar is the Constitution, not the latest poll or protest.  Leftists prize judicial independence which leaves the judges free from the strictures of the Constitution, to make or remake the law as they see fit.  Obama appointee Justice Sonia Sotomayor, has voiced this view, “Our society would be strait-jacketed were not for the courts, with the able assistance of the lawyers, constantly overhauling the law and adapting it to the realities of ever-changing social, industrial and political conditions.”  It makes you wonder whether she’s ever actually read the Constitution.  Legislatures, not courts or advocates, are responsible for making and changing the laws.  Another Obama appointee, Justice Elena Kagan believes the same thing, she constantly describes the Constitution as “abstract,” leaving her room to interpret it as poetry rather than statute.   Now, an abstract is something existing in thought or as an idea, but not having a physical or concrete existence.  Such a notion surely would  come as a shock to the Framers of the Constitution, who spent all that time in 1787 toiling to construct a work which it’s safe to say each and every one of them fervently believed did exist.  The poetry part of it is intriguing though, let’s give it a try – “If it’s changing the law for which you strive, then take a look at Article Five.”  There’s a rap even I can enjoy.  Kagan, Sotomayor and the other Leftists all subscribe to the “Living Constitution” theory, which views the Constitution as an ever-evolving document, to be pulled, shaped, altered or ignored as they see fit.  The originalists, who the Left regard as extremists, simply want cases decided based on the text of the Constitution as written.  What an extreme concept.  Justice Scalia used to say he preferred his Constitution dead.  I take a different view.  For me, the Constitution remains alive, not because we are free to alter it at will, but because its text is capable of being interpreted to resolve problems and issues never imagined by the Framers in 1787, or the authors of the Bill of Rights in 1791.  For instance, the 1791 text of the Fourth Amendment has been applied to searches of cell phones, GPS, the internet and infrared heat signature searches.  It is alive!  The Leftist hysteria ramped up again when the President nominated Brett Kavanaugh to the Court.  It actually began sooner than the announcement, with crazies marching with signs reading “Defeat X.”  After the announcement, they filled in the blank.  Kavanaugh is reputed to be a conservative, who will interpret the Constitution as written.  That’s clearly a threat.  You see, the Left can’t get their programs enacted into law, because the public and the Legislatures won’t support them.  Being superior beings, Leftists know that their way is right  regardless of what the voters or legislators want, and they rely on the courts to grant them whatever they want, for our own good, of course.  The idea that the Supreme Court may be controlled by judges, rather than by liberal partisans scares Hell out of the Left.  The last thing they want is a judge who considers the facts and the law and comes to the decision that the law demands, instead of the one the Left demands.  In their hysteria, the Left has begun to propose crazy solutions. One popular fantasy is that the Dems should “pack the Court,” that is, increase its size from 9 to 15 Justices, so that liberal partisans will always control it.  Perhaps it hasn’t dawned on these nuts that they control zero, not one part of the government, which could make changing the law a bit difficult.  And, as The Atlantic magazine has noted, Republicans might retaliate when they are in control.  Yeah, like now.  DNC deputy-chairman Keith Ellison has a solution for that too.  He’s proposed impeaching Justice Kavanaugh even before he’s been confirmed.  The nuts are getting nuttier, but look out, “Here Come the Judge!”

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