Tag Archives: U.S. constitution

Enemy of the People

Alexander Hamilton – the first Federalist

Alexander Hamilton – the first Federalist

The Bill of Rights including the First Amendment, protecting freedom of speech and press, was written to protect us against the wrongs that might otherwise be done against citizens, by an oppressive government or by a willful majority against a weaker minority or individual.

The U.S. Constitution replaced the colonies’ Articles of Confederation, declaring the Articles ineffective, making it necessary, the Federalists insisted, to re-create our government, so that we might survive as an independent nation.

We formed a government divided into three departments, each with specified powers and responsibilities, separated one from the other, a federal government.

But the Constitution, created in Philadelphia, said nothing about the individual rights reserved to the people.

Some called the Constitution a “gilded trap” created by the aristocratic elements and charged it was anti-democratic.

An anti-federalist from Massachusetts wrote under the assumed name, John DeWitt, “[t]hat the want of a Bill of Rights to accompany this proposed system [of federalism], is a solid objection to it ….” Continue reading

Full court press

President Ronal Reagan nominated 9th Cir. Court Judge Anthony Kennedy and he was confirmed unanimously by the US Senate in 1988 – a presidential election year

President Ronal Reagan nominated 9th Cir. Court Judge Anthony Kennedy and he was confirmed unanimously by the US Senate in 1988 – a presidential election year

The Republican Majority Leader of the U.S. Senate, Mitch McConnell, and the Republican Chairman of the Senate Judiciary Committee, Charles Grassley, both insist that a nominee to the U.S. Supreme Court should not be approved in a presidential election year and they insist instead that the nation wait until the next President is elected, about nine months from now.

Nonsense!

Both Majority Leader McConnell and Chairman Grassley approved and voted for President Ronald Reagan’s Supreme Court nominee, Circuit Judge Anthony Kennedy, in a presidential election year, 1988, when President Reagan was a “lame duck.” (You may want to listen to what Chairman Grassley said in 1988 at Judge Kennedy’s confirmation hearings – http://www.c-span.org/video/?c4580671/grassley-supports-kennedy).

The vagaries of when a presidential nomination may occur has no bearing on what the constitution requires.

Especially when there have been 13 other Justices approved in presidential election years in our nation’s still young history including Justices Oliver Ellsworth (1796), Samuel Chase (1796), William Johnson (1804), Philip Barbour (1836), Roger Taney (1836), Melville Fuller (1888), George Shiras (1892), Mahlon Pitney (1912), John Clarke (1916), Louis Brandeis (1916), Benjamin Cardoza (1932), and Frank Murphy (1940).

The Senate’s refusal to meet its constitutional obligation has allowed us to see how the independence and function of the Supreme Court shall be compromised. Continue reading