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Tuesday, May 11, 2010

Kagan: A Constructionist or Living Constitutionalist?



John R. Houk
Originally: © May 10, 2010


Elena Kagan is President Barack Hussein Obama’s nomination to SCOTUS to replace Justice John Paul Stevens. Again BHO is not changing the balance of power in SCOTUS. Kagan has very little paper to show if she would be an activist Justice making decisions based on the Living Constitution ideology as opposed to a strict constructionist view of the Constitution. The former view looks at the Constitution as a foundation to make an evolving rule of law based on modern culture. The latter view is stick to Constitutional law based on original intent of the Founding Fathers.

I heard a report this morning on Fox News that Kagan made a public statement that insinuated that Constitutional law should not be viewed according to one’s personal views but rather on the law is written. My first thought was, “Is Kagan a Liberal that has a strict constructionist view of the Constitution?”

I found two Christian Newswire articles (HERE and HERE) that seem to indicate that Kagan is a Leftist in the mold of the Obama agenda of “Change” which is propaganda-speak for Moral and Socialist transformation of America. If the information pans out to be true via verification then Kagan is lying. Do we want a liar to be a Justice in the Supreme Court of the United States? Does America need a liar on a SCOTUS that has devolved into the Founding Fathers’ worst fear concerning the Judicial Branch of the American government? Actually the Founding Fathers’ worst fear was a Democracy in which majority rule became a tyranny. However, the reality is the Founding Fathers were fearful of tyranny setting into the new American government from many angles. One of those angles was a Supreme Court that exceeded its mandate to make sure that legislated laws did not create a Constitutional mess and that the Executive Branch did operate outside the Constitution. When the Judicial Branch acquires power beyond its Constitutional mandate and intent, the Supreme Court embarks on Judicial Tyranny. (See a four part essay beginning HERE)

Elena Kagan hiding her Lesbianism or abortion rights thoughts is a dishonest person.

JRH 5/11/10

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