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The Old Dog And Pony Show

July 6, 2010 by  

The Old Dog And Pony Show

"When the Senate ceases to engage nominees in meaningful discussion of legal issues, the confirmation process takes on an air of vacuity and farce, and the Senate becomes incapable of either properly evaluating nominees or appropriately educating the public."Supreme Court nominee Elena Kagan, University of Chicago Law Review, 1995.

What a waste of time.”—My next door neighbor’s mother, expressing her disgust at the non-event Kagan’s confirmation hearings became, Thursday afternoon.

Kagan—at least the 1995 edition—is correct. My next door neighbor’s mother is not. But I will elaborate, if only to keep Mrs. <redacted by author>’s enormous husband from strolling over with a brick.

Nearly five years ago, a Findlaw poll stated: “The percentage of Americans who can name all nine current Supreme Court justices, statistically speaking, is zero.” Imagine my shock in learning—from a mathematical standpoint, at least—I didn’t exist.

But I do exist, much to the consternation of more than a few. And I believe—nay—DEMAND a thorough vetting of anyone who’s going to spend the next couple of decades standing this close to my fundamentally inalienable rights. To be fair—neither my next door neighbor’s mom nor her giganto-spouse are in any way derelict in their civic duty; they’re simply revolted by last week’s C-SPAN circus.

Elena Kagan v.2010 is dramatically distant from Elena Kagan v.1995. During last week’s hearings she avoided definitive statements with the kind of agility most television viewers employ to avoid watching Rachel Maddow. She exasperated lame-duck Senator Arlen Specter (R to D-Pa.) to the point that he looked even more basset-houndish than usual. She sidestepped interrogatives regarding her support for partial birth abortion, a procedure right at home in a Freddy Krueger film.

Actually, her confirmation hearings had a rather pungent “air of vacuity and farce.”

Kagan demurred when questioned by Senator Tom Coburn (R-Okla.) regarding her interpretation of congressional authority under the Commerce Clause (Article I, Section 8, Clause 3):

Coburn: If I wanted to sponsor a bill, and it said Americans have to eat three vegetables and three fruits every day and I got it through Congress and that’s now the law of the land, got to do it, does that violate the Commerce Clause?

Kagan: Sounds like a dumb law… But I think that the question of whether it’s a dumb law is different from whether the question of whether it’s constitutional and I think that courts would be wrong to strike down laws that they think are senseless just because they’re senseless.

When Coburn noted that ObamaCare could make such a nightmarish hypothetical a hideous reality, Kagan responded—over the course of a 500 WORD ANSWER (yes, I counted)—that the responsibility to rectify Congressional and Executive breaches of constitutional protections rested with Congress and the Executive branch.

Ms. Kagan—such corrections are positively within the purview of you and your eight future colleagues.

I am troubled by delivering a 4th grade civics lesson to a woman purported to be one of the foremost legal minds of her generation. The judiciary serves as the final line of defense against encroachment upon our civil liberties; whether said encroachment requires a McDonald v Chicago or a Brown v Board of Education.

If Elena Kagan doesn’t understand the basic function of the Federal judiciary, then she is a poor choice indeed to join their ranks. Sadly, because most Americans either don’t know or don’t care—she’s already browsing Wal-Mart’s Justice-on-the-Go collection.

The purpose of senate confirmation hearings is to discover the nature of those who aspire to inhabit the halls of unelected authority. The fact that most of our senators are jacklegs does not relieve the citizenry of OUR responsibility to look over THEIR shoulders. Sometimes, we get to observe Tom Coburn pressing Elena Kagan for a definitive answer to… anything. Sometimes—as the goodly folk of Minnesota found out last week—we get to discover our junior senator ignoring the proceedings while producing an impressive pen-and-ink sketch of Senator Jeff Sessions (R-Ala.).

Elena Kagan is likely to be more Ruth Bader Ginsburg than Antonin Scalia. The good news: replacing Stevens with Kagan is not likely to effect a sea change on the Supreme Court. The bad news: Kagan is hardly the last salvo Obama will fire at our personal liberties. We must overcome our revulsion at Washington’s clownish antics. The agenda which produces nominees like Elena Kagan is no laughing matter.

Remember that in November, and again in 2012.

Ben Crystal

is a 1993 graduate of Davidson College and has burned the better part of the last two decades getting over the damage done by modern-day higher education. He now lives in Savannah, Ga., where he has hosted an award-winning radio talk show and been featured as a political analyst for television. Currently a principal at Saltymoss Productions—a media company specializing in concept television and campaign production, speechwriting and media strategy—Ben has written numerous articles on the subjects of municipal authoritarianism, the economic fallacy of sin taxes and analyses of congressional abuses of power.

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  • Doc Sarvis

    I am sure in her 500 word response (yes, you counted) she said more than your <20 word (yes, I counted) synopsis. Reading carefully how Ben Crystal sets up his argument it is not hard for me to see that she may be saying (in 500 words) that the Executive and Legislative branches should "rectify" i.e. change/repeal laws that don't make sense. It is the responsibility of the Judicial branch to judge whether the law is constitutional or not. I am sure Ms. Kagan knows civics more than Mr. Crystal or myself.
    I will also point out that the reason many think that this confirmation hearing is so lame is that the Obama Administration had vetted this candidate very well and found a person very well qualified for a seat on the Supreme Court.

    • Wildman

      Kagan is an experienced staffer that will do (and say) whatever her boss wants, ethics and principle be damned. So, yes, Obama vetted her and found she fit perfectly with his sensibilities about how to govern.
      Team that up with a judgeship on SCOTUS, and you have the perfect political operative.
      You’ll also notice the attention has been deflected away from all questions about how she grew up, what her childhood was like, what the observations were about her parents and family, anecdotes about her in high school, college, post-grad school. And all attempts to uncover that information, in search of who this woman is, have been actively squashed by the administration. So, the question is: What’s being hidden?
      BTW, Kagan is technically right about the roles of government and who rights the wrongs of crappy legislation. But it is the court’s role to test the laws against the Constitution. Not expand the reach of government and infringe the freedom of the people under the guise of ‘interpretation’. Oh, and the position she has taken on this leaves no room for an activist judge. Remember the court doesn’t right the wrongs. Let’s see how quickly she backpedals on that when she gets on the court!

      • http://yahoo rev gay

        AND—what’s so different about that; we also know very little about the President who vetted her—no birth certificate, no school records, no passport, no diplomas, no law degree, no published legal writings, etc, etc.

        • Tim Layman

          rev gay
          Please stop kicking that tired, old, dead horse. Are you really so gullible as to believe that crap you read in the Equirer? And do you really believe that the whole republican party is a victim of some devious plot by a single black man? How can people like you, for one insane second, even begin to believe that the republicans would have let Obama take office unless he met all of the necessary criteria? Please do yourself a favor: get a grip on reality.

          • TIME


            Don’t delude yourself into thinking that what was posted is not true, disprove anything rev gay has posted. and good luck doing so with facts, as its not ever going to happen. The total rhetoric from the WH and press corp is just that transparent rhetoric.

            The Head of the East Coast Democratic Party was the first to bring a law suit, not the Republicans, and his law suit is 100% valid in all respects.

            So per your quote; “Get a grip on reality yourself.”

          • ChuckL

            Tim, This argument only becomes an old dead horse argument AFTER we see the items questioned.

            Until then Barry Soetoro (aka Barack Hussein Obama)remains a British citizen of Kenyan birth, who has managed to fraudulently occupy the Oval Office in the White House. His father was a Kenyan citizen. His mother was an underage American. He has British citizenship from his father. He may also, depending on the law at the time have dual citizenship in the United States, but a dual citizen is NOT a naturally born citizen, who must be born on American soil with very few well documented exceptions, none of which apply, and be born of two American citizens.

            The real question is: After he is impeached, will he be successfully tried for treason for his actions in destroying the capabilities of the United States Air Force and Navy.

      • Smilee


        Every Supreme Court Justice is their own Boss and answers to no one, Roosevelt, Eisenhower, Ford and GHW Bush all found this out the hard wy when it turned out their appointees to the court did not rubber stamp their appointer’s wishes but often ruled against what they wanted and they all complained about it. You can have your opinion of her but your just as likely as not wrong, no honest person can say she is not qualified, if fact many conservative lawyers who know her well say ghe is very qualified including Ted Olson and others his equal.

    • james

      who said the OBAMA administration was qualified to make that determination ? obama (known as “that illegal alien) has hand picked kagan because she will rule against the constitution at least as much as obama has ! it’s one socialist helping our another and helping themselves to our country !

    • Vicki

      Doc Sarvis writes:
      “I will also point out that the reason many think that this confirmation hearing is so lame is that the Obama Administration had vetted this candidate very well and found a person very well qualified for a seat on the Supreme Court.”

      If the admin does such a good job of vetting why is it that we have confirmation hearings at all? Oh and you forgot to provide evidence of ANY vetting by the Administration let alone vetting that Congress and the people whom her decisions might affect might approve.

      • Doc Sarvis

        I did say that many may think the confirmation hearings are lame. I did not mean to imply that I thought they were lame. In fact, I believe they are an important part of the transparency that should be in government. I also think it is an important part of placing judges on the Supreme Court. One person (the President) should not have the only say on who sits on the court.

        • vicki

          Since you ended your post with the comment about many people and offered no rebuttal or counterpoint it is logical to conclude that you are part of those many people. I am glad to hear that you are not.

    • 45caliber

      Doc: Kagan might know her civics better than you but I seriously doubt that she knows them as well as a Supreme Court Justice should. I wouldn’t want her deciding anything for me. She is very careful to say nothing that will give anyone any idea of how she plans to vote on anything, which is certainly a political action but not the action of someone who intends to be a judge. I think we can bet that she will vote the way she has spoken in the past – and that is NOT to judge anything by what the Constitution says. Further, she has stated that she believes she should make decisions based on international law – but to my knowledge there is NOT any known group including the UN that makes international law. So why should my rights be judged by what someone in another country says should be the law – in their country? With that sort of reasoning, we could have our rights based on Shara law – which really isn’t a right at all.

      • vicki

        I have 2-3 simple questions for her. What is the meaning of “shall not be infringed” what is a purpose clause and how does it affect sentence structure of the Constitution?

        If the phrase “shall not be infringed” were part of the first amendment how would the meaning affect the right of the people to publish their opinions on any subject.

      • Smilee

        45caliber says:
        July 6, 2010 at 10:45 am

        Doc: Kagan might know her civics better than you but I seriously doubt that she knows them as well as a Supreme Court Justice should. I wouldn’t want her deciding anything for me. She is very careful to say nothing that will give anyone any idea of how she plans to vote on anything, which is certainly a political action but not the action of someone who intends to be a judge. I think we can bet that she will vote the way she has spoken in the past – and that is NOT to judge anything by what the Constitution says. Further, she has stated that she believes she should make decisions based on international law – but to my knowledge there is NOT any known group including the UN that makes international law. So why should my rights be judged by what someone in another country says should be the law – in their country? With that sort of reasoning, we could have our rights based on Shara law – which really isn’t a right at all.

        She did not say she would ever rule based on international in fact she said just the opposite, your whole post in nothing more than pure fiction authored by you and totally devoid of anything factual, if you have to spin her words to mean what you want rather than what she actually said just shows how ignorant or dishonest or both that you are. She is very impressive to most legal scholars including many conservative ones, I watch all of her testimony and she is one of the most intelligent SC appointee in a while, albeit John Roberts would run a close second but it is clear now he told quite a few lies.

    • DaveH

      Oh, wow, Doc says Obama has vetted this candidate very well. I can rest comfortably now.

  • HFlashman

    This article is mindless drivel stretches to the point of fiction. This is the second article I can recall by this autor, and as in the first, he proves beyond doubt he has succeeded in leaving behind his higher education years. Judging by this article, his IQ would even register as a respectable earthquake…

    • JeffH

      The very man who’s complained about name calling in the past…ever hear of “practice what you preach”?

      • Jana

        Mr flash in the pan is just showing his true brilliance –again. Between flash, Kagan, or Ben Crystal knowing more about the law and what it is supposed to be, my vote goes to Ben Crystal. Kagan is with Obama and wants to change the law into Socialist / Communist laws to turn us into their idea of what our country should be. Remember Obama ran on change and flash is for this hopey changey thing.
        It is quite disgusting to see these confirmation hearings as they are a joke. It has been a done deal from the beginning as the Socialist party is getting their way on everything for right now. We need common sense to prevail and it has gone out the window.

        • Smilee


          Truth does not mean a thing to you either does it!!!

      • TIME

        As per the normal with – Duh dullmon, it shows its true self; whats his quote “mindless dribble” this shows that its just one more twinkie who claims they are a liberal, when in fact he is nothing but a marxist.

        • Bob Wire

          label,label, label, ~ You are going to put everyone in their “right box” come hell or high water! How many boxes you got?

          • TIME

            As many as it takes, if someone is a Marxist or one who condones such behavior of these evil people as they are my mortal enemys.

            I hope thats as clear as glass as to how I feel.

          • DaveH

            Have you ever heard that “Birds of a Feather Flock Together”?
            Obama has surrounded himself with Communists and Marxists. Let’s see, there’s Van Jones (admitted Communist), Anita Dunn (caught on video preaching to high school children that her favorite philosopher is Mao Tse Tung), Valerie Jarrett (Daughter-in-law of famous Communist), Cass Sunstein (openly argues for bringing Socialism to the US), and Mark Lloyd (on video admiring Hugo Chavez). The list goes on.
            Does anybody in their right mind think Obama disdains Marxism and yet surrounds himself with those types of people?

          • Bob Wire

            yea, and I’ve heard that a nut doesn’t fall far from the tree.

            How about dispensing with the old adages to justify our commentary and use hard evidence instead?

      • DaveH

        What more can we expect from a Liberal? They certainly don’t have any factual comments to make (excluding fabricated facts), so they have no recourse but to attack people personally.

        • JeffH

          Dave, I certainly couldn’t expect less. Why misuse the facts when they can just say “uh huh” and convince themselves of something else.

          • Bob Wire

            you consider that an attack? ~ asking you whY! ~ you think as you do?

            you haven’t been attacked yet Dave.

    • Vicki

      So, did you have a point or were you just practicing your marvelous debate skills?

    • Convet

      Pot, meet kettle!

    • Smilee


      It is just fiction unfortunately because his article totally lacks factual support the only honest way to view is that it is in fact fiction

  • TIME

    I agree with you 100%, when one’s ife is based on “Radical Progressive Thinking,” by the way she was very direct on all these points at the time she was a Clerk and or working at Harvard.

    Yet when asked the most simple questions she had no opinions, and or could not recall, or had some other frail transparent excuse not to answer the question.
    Even the simple question are you a Progressive? Of what she has make claim to all the time in the past, all she could do was sit there and sputter, with no viable answer to any question other than having Chinese food on Christmas.

    Again the SC is a life long job, and Kegan has failed to make any attempt to display even a shread of having an open mind.
    With this job one has to be above the fray, and just for the record for you that don’t grasp this the Judge is only as good as the Clerk’s who work for them.

    Thats why many cases are never heard in a timely mannor. I bring up Mario’s case on Barry Soetoro, as a clear example of how the law clerks control isues and events that the court will hear.
    I also ask you all to think about this with Kegans past do you really think that the law clerks she will hire will have the American public’s interest in mind at all.

    As I see it she will be set within the agenda of the Radical Progressives she hangs with.
    Then toss in the fact she has never been a judge before I feel strongly that lays a solid fondation for such a job. Of what she has non.

    Thus I am sure she is a nice person, but a 100% wrong fit for this job in all respects.

    • JeffH

      Barack Obama’s inchoate legacy – from health-care reform (done) and financial re-regulation (almost done) to limits on election spending (to come) – may not outlive his presidency if the current Supreme Court has anything to say about it. And it will.
      Elena Kagan, Mr. Obama’s second Supreme Court nominee would not immediately shift the balance on the court, since she would fill the seat vacated by a reliable liberal. But, being only 50 and with a long history of adroitly getting her way, she could soon emerge as the court’s progressive luminary and guardian of the Obama agenda.

      Undergraduate enthusiasm for Karl Marx hardly seems like grounds for Kagan’s disqualification, afterall we have Hillary and Barack. For Obama, who is counting on her to be a rampart between his agenda and the majority, it better not.

    • Bob Wire

      I think in more a matter of having a tool box full of only hammers, making every problem resembles a nail!

  • http://n/a ray

    She fits Obamas model of a good Socialist who cant engage in speech without displaying her disdain for conservative values.

    • Bob Wire

      conservative values? like the unwillingness and resistance to any change, or to waste not is to want not, or thinking rules are just for other people, or that the world was created on your birthday, or the wish and desire to have things both ways when it pleases, that Gods Will be done, and let “us” be the ones to figure out Gods will?

      • DaveH

        I have known Liberals and Right-Wingers. The Right-Wingers have far more open-minds than the Liberals I have known. Liberals attribute open-minds to themselves, but that is as far as it goes.
        Casting aside tried and true policies for policies which have failed everywhere they have been tried, is not open-minded; it is just plain ignorance.

        • Bob Wire

          Give us an example of this Dave!

  • Pamela McDermott

    Oh great, to Ray, another headline reader. We see it all the time. You read a headline and you think you know the whole story. Socialist? Do you even know what that word means? I am asking everyone out there to look up the word socialism, and see what it really means.
    And I agree, these confirmation hearings can be lame, since she is so qualified that she should not be subjected to ridiculous questions.
    She is 100% qualified.


      boy pamela…..guess we all know which side of the fence you fell on when your head became permanently lodged in your anal orifice. you dumbass democraps really don’t have a clue to what is really going on. shame on your ignorant ranting demobabble souls!!

    • JC

      She’s an America hating witch like Hillary, Feinstein and Boxer and should be shown our highest level of disdain. She is another “social engineer” who’s opinions and actions have proven that her agenda is the complete breakdown of American values. She’s just another political whore to the NWO/Globalist gangsters.
      And that is why she wants “us” disarmed but I’m sure she doesn’t mind surrounding herself with armed men to protect her. What a complete and total hypocrite.

      • Bob Wire

        who speaks “hate” JC?

        • Smilee

          It sure appears that hate is abundant within JC

    • bp

      Pamela McDermott; There are many who are “qualified”, but is this the BEST man-woman for the job? Kagan is a bureaucrat, lesbian, man hater, anti military, anti gun-rights, pro-abortion, has always been an activist, and everything depends on “circumstances” rather than the CONSTITUTION. Like Sotomayor, she is a stealth radical nominee and does not deserve a LIFETIME appointment to the highest court of THE UNITED STATES OF AMERICA.

    • Vicki

      Pamela writes:
      “She is 100% qualified.”

      On what do you make this determination? She has very little writings to gauge her position. She has never had the pleasure of being a Judge. What is it about her that makes you say she is 100% qualified?

      Socialist 1 : one who advocates or practices socialism
      2 capitalized : a member of a party or political group advocating

      Socialism 1 : any of various economic and political theories advocating collective or governmental ownership and administration of the means of production and distribution of goods
      2 a : a system of society or group living in which there is no private property b : a system or condition of society in which the means of production are owned and controlled by the state
      3 : a stage of society in Marxist theory transitional between capitalism and communism and distinguished by unequal distribution of goods and pay according to work done

      So Obama, clearly a socialist by the definition you asked us to look up, thoroughly vetted her. And you actually wonder why so many here think she IS a socialist based on the sparse available evidence?

      • JC

        Further to your post Vicki:

        Karl Marx describes in his communist manifesto, the ten steps necessary to destroy a free enterprise system and replace it with a system of omnipotent government power, so as to effect a communist socialist state. Those ten steps are known as the Ten Planks of The Communist Manifesto… The following brief presents the original ten planks within the Communist Manifesto written by Karl Marx in 1848, along with the American adopted counterpart for each of the planks. From comparison it’s clear MOST Americans have by myths, fraud and deception under the color of law by their own politicians in both the Republican and Democratic and parties, been transformed into Communists.

        Another thing to remember, Karl Marx in creating the Communist Manifesto designed these planks AS A TEST to determine whether a society has become communist or not. If they are all in effect and in force, then the people ARE practicing communists.

        Communism, by any other name is still communism, and is VERY VERY destructive to the individual and to the society!!

        The 10 PLANKS stated in the Communist Manifesto and some of their American counterparts are…

        1. Abolition of private property and the application of all rents of land to public purposes.
        Americans do these with actions such as the 14th Amendment of the U.S. Constitution (1868), and various zoning, school & property taxes. Also the Bureau of Land Management (Zoning laws are the first step to government property ownership)

        2. A heavy progressive or graduated income tax.
        Americans know this as misapplication of the 16th Amendment of the U.S. Constitution, 1913, The Social Security Act of 1936.; Joint House Resolution 192 of 1933; and various State “income” taxes. We call it “paying your fair share”.

        3. Abolition of all rights of inheritance.
        Americans call it Federal & State estate Tax (1916); or reformed Probate Laws, and limited inheritance via arbitrary inheritance tax statutes.

        4. Confiscation of the property of all emigrants and rebels.
        Americans call it government seizures, tax liens, Public “law” 99-570 (1986); Executive order 11490, sections 1205, 2002 which gives private land to the Department of Urban Development; the imprisonment of “terrorists” and those who speak out or write against the “government” (1997 Crime/Terrorist Bill); or the IRS confiscation of property without due process. Asset forfeiture laws are used by DEA, IRS, ATF etc…).

        5. Centralization of credit in the hands of the state, by means of a national bank with State capital and an exclusive monopoly.
        Americans call it the Federal Reserve which is a privately-owned credit/debt system allowed by the Federal Reserve act of 1913. All local banks are members of the Fed system, and are regulated by the Federal Deposit Insurance Corporation (FDIC) another privately-owned corporation. The Federal Reserve Banks issue Fiat Paper Money and practice economically destructive fractional reserve banking.

        6. Centralization of the means of communications and transportation in the hands of the State.
        Americans call it the Federal Communications Commission (FCC) and Department of Transportation (DOT) mandated through the ICC act of 1887, the Commissions Act of 1934, The Interstate Commerce Commission established in 1938, The Federal Aviation Administration, Federal Communications Commission, and Executive orders 11490, 10999, as well as State mandated driver’s licenses and Department of Transportation regulations.

        7. Extension of factories and instruments of production owned by the state, the bringing into cultivation of waste lands, and the improvement of the soil generally in accordance with a common plan.
        Americans call it corporate capacity, The Desert Entry Act and The Department of Agriculture… Thus read “controlled or subsidized” rather than “owned”… This is easily seen in these as well as the Department of Commerce and Labor, Department of Interior, the Environmental Protection Agency, Bureau of Land Management, Bureau of Reclamation, Bureau of Mines, National Park Service, and the IRS control of business through corporate regulations.

        8. Equal liability of all to labor. Establishment of industrial armies, especially for agriculture.
        Americans call it Minimum Wage and slave labor like dealing with our Most Favored Nation trade partner; i.e. Communist China. We see it in practice via the Social Security Administration and The Department of Labor. The National debt and inflation caused by the communal bank has caused the need for a two “income” family. Woman in the workplace since the 1920′s, the 19th amendment of the U.S. Constitution, the Civil Rights Act of 1964, assorted Socialist Unions, affirmative action, the Federal Public Works Program and of course Executive order 11000.

        9. Combination of agriculture with manufacturing industries, gradual abolition of the distinction between town and country, by a more equitable distribution of population over the country.
        Americans call it the Planning Reorganization act of 1949 , zoning (Title 17 1910-1990) and Super Corporate Farms, as well as Executive orders 11647, 11731 (ten regions) and Public “law” 89-136. These provide for forced relocations and forced sterilization programs, like in China.

        10. Free education for all children in public schools. Abolition of children’s factory labor in its present form. Combination of education with industrial production.
        Americans are being taxed to support what we call ‘public’ schools, but are actually “government force-tax-funded schools ” Even private schools are government regulated. The purpose is to train the young to work for the communal debt system. We also call it the Department of Education, the NEA and Outcome Based “Education” . These are used so that all children can be indoctrinated and inculcated with the government propaganda, like “majority rules”, and “pay your fair share”. WHERE are the words “fair share” in the Constitution, Bill of Rights or the Internal Revenue Code (Title 26)?? NO WHERE is “fair share” even suggested !! The philosophical concept of “fair share” comes from the Communist maxim, “From each according to their ability, to each according to their need! This concept is pure socialism. … America was made the greatest society by its private initiative WORK ETHIC … Teaching ourselves and others how to “fish” to be self sufficient and produce plenty of EXTRA commodities to if so desired could be shared with others who might be “needy”… Americans have always voluntarily been the MOST generous and charitable society on the planet.

        Do changing words, change the end result? … By using different words, is it all of a sudden OK to ignore or violate the provisions or intent of the Constitution of the united States of America?????

        The people (politicians) who believe in the SOCIALISTIC and COMMUNISTIC concepts, especially those who pass more and more laws implementing these slavery ideas, are traitors to their oath of office and to the Constitution of the united States of America… KNOW YOUR ENEMY …Remove the enemy from within and from among us.

        VOTE LIBERTARIAN, the only political party in America that still firmly supports and diligently abides by the Constitution of the united States of America.

        • TIME

          JC, as per your norm super post!

          • JC

            Just trying to keep up! LOL

        • Dorie Sarsok

          To JC …. WOW! Very well done! I found this very helpful, and will print it out to give to my kids, as well as for my own further reference. Brilliant correlation between Karl Marx’s Communist Manifesto’s Ten Planks, and what our American government has already been implementing. Scary! I especially liked how you articulated what was going on in our educational system. So true, so true. Thanks for taking the time to spell that out for those of us who are not as erudite on governmental policies as you clearly are. Bravo!

      • Bob Wire

        vicky, she a balance, okay? that why she was offered. Not that anyone expects her to dominate the jury.

        Balance!, If the court was not stacked so far to the right, You’d have seen someone else offered up.

        It’s like picking a good ball team, you can just pick your friend and have a questionable club as far as winning goes. ~ Or chosen the talent for the open slot. ~ We need balance at the highest level. ~

        As far as any Socialist, Communist or Marxist, or Republic or Democracy I hear a lot of this on “these threads” I think you’re shooting wildly in the air and hoping to hit something. I’ve dug into all of these words and history teaches us they can pretty much mean just about anything, as people attempt to label and identify themselves from others and draw lines in the sand.

        I had billy asking me which Tea Party movement was I referring too as he offered me a “short list” of different one. Good Grief!

        It’s all about a Tiger attempting to change his spots and get in closer, claiming “I’m the New Tiger” ~ Same old Tiger! Same old, annoyed by birth GOP crowd, so afraid some small timer is going to get something they don’t deserve yet blind to Special Interest stealing with both hands, thinking it’s alright for some reason that’s never been quite clear.

        Find you some balance. Too much right and your off the road, too much left, the results much the same.

    • DaveH

      Yes, Socialism is Government ownership of the means of production and allocation of resources.
      If you can’t see that Obama is heading in that direction, then you can’t see. Of course we aren’t there yet, but that certainly doesn’t mean he isn’t trying to take us there.

  • http://Verizon Bud G.

    I doubt anyone questions the intelligence of Ms. Kagan, rather her ideology. The fact that she is pro-choice and has very liberal views bothers people and it fits President Obama’s mindset. It is likely she will be confirmed.

    Presidents always choose Supreme Court nominees based on their political views, be it Liberal or Conservative. As an Independent, I do not like the fact she is pro-choice and would not to see her confirmed because I feel she will be a rubber stamp for this administration on court challenges to his policies or recent legislation passed. There will be challenges regarding the Health Care Bill and most certainly “Cap and Trade” if passed coming after the November elections but this is not my opinion but of the people
    who were polled on these issues.

  • Ben Crystal

    Ladies and Gents:

    Good morning to you all. Without descending into ad-hominem finger wagging;

    Doc: good to see a contrary opinion. Unanimity of opinion is mind-numbingly worthless; like Dailykos, or the faculty at Harvard Law. As I mentioned, the purpose of Senate confirmation hearings is to provide the PUBLIC with a view of the potential nominee. Much like the dems did with Thomas, Roberts and Alito – I’m not simply going to take the administration’s word for it.

    • JC

      And neither should anyone else take the administrations word for “anything”…good work Ben.

      • Bob Wire

        What’s this ? High Five’ing in the Love Boat?

        You see victory where there is none! LOL!

        You’ve been doing that ever since the general election, bad is good, to lose is to win. Whatever floats your boat but come general election time you better get it right or you are going to see much more of Obama & Company.

        Past that over to me, maybe it make me feel better about things too!

        • Angel-Wanna-Be

          Boob wire, Your holier than thou, cynicism is showing!___BTW_ while I’m at it, In response to your “we see a victory where there is none”__Damn Straight Bud__ a lot of us on here, can find something good in a train wreck!!!.__ How about you??__ and in 2012 when the Obama Administration runs for re-election__Tellem to toss the HOPE AND CHANGE slogan, and replace it with “NO EXPERIENCE NESSASARY!!! ;)

          • Bob Wire

            It was a 7 years long train wreck, all in slow motion that today we are still digging out from it.

            The “best change” has been we don’t have to worry as much about what D1ck Chaney is up to anymore and Crawford Tx. has one more resident family .

          • Angel-Wanna-Be

            Boobwire, the seven year train wreck, you speak of, no longer holds water, replace the skins, they are leaking. America’s been Obama’s baby for a year and a half, he’s needs to fess up, that his 151 days in the senate, was not enough EXPERIENCE, to continually have to blame bush. Bush wasn’t perfect, but he sure as hell had more experience that what we have now and wasn’t thin skinned. Our current administration, is thin skinned to the point, that they have to try and qwell dissent?!

        • Bob Wire

          it take a while to clean up an 8 year mess! ~ But I know you’d like to forget it. ~ You don’t want to even be called a Republican today.

    • bp

      Thank you, Ben Crystal.
      “If Elena Kagan doesn’t understand the basic function of the Federal judiciary, then she is a poor choice indeed to join their ranks.”
      “The agenda which produces nominees like Elena Kagan is no laughing matter. Remember that in November, and again in 2012.”
      WE THE PEOPLE are not zero.

    • Vicki

      The purpose of the Senate confirmation hearings is to balance the powers of the executive. They are public hearings because all government should be open to inspection by their employers.

    • JeffH

      Ben, you have made it “Crystal clear” when you presented her testimony of “I think that courts would be wrong to strike down laws that they think are senseless just because they’re senseless” speaks volumes about the senseless Kagan who obviously bent to the “extreme” left and isn’t fit for an appointment to the Supreme Court based solely on a senseless response.

      • Smilee


        If a senseless law is constitutional she is required to not strike it down even if she thinks it is stupid, Congress writes the laws not the SC these laws only reflect on congress not the SC, her answer to the stupid question by the OK senator was spot on and very good it only showed his stupidity.

  • J.M.R.

    because of people like P.M. thats the reason we have this dick-tater in office of this great country. none of the clowns on the dem side have ask a real question. if any rebup votes for her needs to be voted out, period. kagan needs a ride out town as she a bought and paid for hack.

  • albert w loescher

    EMAIL to senators 10 Oct 09
    This bears repeating:

    To Senators and Representatives of US:

    Portion of a letter sent to my representative, 10 Feb 09

    We share fundamental beliefs. We serve the same Lord and believe it is our duty to serve Him first, family second, and state third. There is nothing in the Holy Word that prohibits us to be critical of government when it deviates from the ways founded by the fathers of this Republic. We are compelled to harangue the lawbreakers without apology for the sake of protecting the ones we love. I fight evil for my family and friends, primarily for those unsaved.

    I suggested to Lani (District 6 director, IN) that we should leave it to to the Redeemer and welcome the end of days when He returns. Yet a month ago, I was given a clear text message that I know came from Him. He wrote inside my unconscious mind, ‘Read Psalm 139′. That was all He wrote in my head, and it was good enough. He knew I was wrestling with my dilemma between love and hate of my enemies. The key verses of Psalm 139:

    21. Do not I hate them, O Lord, that hate thee? and am not I grieved with those that rise up against thee?
    22. I hate them with perfect [unfeigned] hatred: I count them mine enemies.
    23. Search me, O God, and know my heart: try me, and know my thoughts:
    24. And see if there be any wicked way in me, and lead me in the way everlasting.

    None can predict when the tribulation comes, but we are given the signs of its advent. And there are many aplenty. When it arrives, the wheat will be put inside the barn, and the tares burned. Too many of my beloved ones are of the latter. I have planted the seeds in their hearts, but because a prophet is not respected in his home town, I am incapable of nurturing what I sowed. Recall the definition of an expert. He’s someone with a briefcase and fifty miles from his home. I am too close to home and my family members are not willing to see what is in my bag.

    Neither can we prevent the prophesies of John the revealer and his previous seers, for the outcome is the Lord’s domain. It is, however, ours to vociferously now protest the trampling of the tenets written in our Constitution. We should not be smugly silent with the safety net He has provided us and say nothing to to those who have it not? No. Go boldly with the Lord and state your beliefs publicly. I invoke you to speak politically incorrectly and passionately to your peers. The God haters will loathe you for what you say. Others will embrace you for your faith and courage. Yeah, yeah, I have heard you say many warm and fuzzy platitudes to the people in the past. Those PC words were insufficient. Say now what is really within your heart. If they ignore and deride you, let the dust of your feet be a testimony to them and walk away from the evil dome of power. Go home, protect your family, and find those who are willing to look inside your briefcase.
    Tramp door to door with your message from the roots of grass. It’s called witnessing for the Lord to friends and strangers all. I do it with them over the phone and in the market place. I am rarely rebuffed, for I have found that many lonely and fearful folks who hunger for the Words of real hope—not vapid change.

    Obama is a faux Christian. Christians do not commit infanticide and embrace homosexuality. Do you? Christians do not steal from their others. Obama’s redistribution plan fosters that. Do you agree with him? Obama’s amnesty policy will permit foreign enemies to inundate our land with more haters of our God. Is that your agenda too? Obama Chamberlain seeks to parley with an entity whose promise is to destroy Israel and US. Does that sit well with you? David did not negotiate with Goliath. He felled the Philistine Giant, for the shepherd was aligned with his Lord. This nation has not not found such a man as he, for this nation has abandoned the God our forefathers envisioned. Obama is a callous Marxist. He is neither a peace nor a hope giver if he is dedicated to the ten planks of the communist manifesto of 1848. Comes now Obama’s resurrection of Karl Marx’s wormy planks:

    One: Abolition of property in land and the application of all rents of land to public purposes: ◄ Eminent domain

    Two: A heavy progressive or graduated income tax: ◄ Obama’s redistribution
    Three: Abolition of all rights of inheritance: ◄ Obama’s increase of death tax
    Four: Confiscation of the property of all emigrants and rebels: ◄ Defaults to Corporate government
    Five: Centralization of credit in the hands of the State: ◄ bank monopoly, Sharia finance, and new currency
    Six: Centralization of the means of communications and transportation in the hands of the State: ◄ State Department and DOD
    Seven: Extension of factories and instruments of production owned by the State: ◄ global economy
    Eight: Equal liability of all to labor. Establishment of industrial armies especially for agriculture: ◄ Card check
    Nine: Combination of agriculture with manufacturing industries, gradual abolition of the distinction between town and country, by a more equitable distribution of regulation over the country: ◄ Codex alimentarius courtesy of Cargill, Monsanto, and AMD
    Ten: Free education for all children in public schools. Abolition of children’s factory labor in its present: ◄ Ayers and madrassa schools
    The planks of their platform are nearly nailed down, or is it a coffin?

    Bottom line, congressman, the longer you associate with profligates, the more you will resemble them. I say you and your fellows of faith must flee from Babylon, DC. Go home and renew the bases in your neighborhoods. Mad Max mentality is at the gates.

    For the love of Christ,


  • http://charter howe

    It should be obvious to everyone watching this dog and pony show that Kagan is a covert Tokyo Rose. When it comes to Elena Kagan’s nomination for a lifetime appointment to the U.S. Supreme Court, the Senate Democrats with their 11 to 7 majority will vote in lockstep with Obama’s selection… or will they grow spines, get tough and ask Barack Obama’s ‘mystery nominee’ the hard questions? Probably not
    Are any of them willing, if necessary, to stop her confirmation?
    Despite her thin paper trail, it is already becoming apparent to patriotic Americans… Democrats, Republicans and Independents alike… that Barack Obama’s nominee to the High Court is under-qualified… an extreme left-wing political activist (not a jurist) with an extreme left-wing agenda. While Obama and his allies in the mainstream media have made every attempt to paint Kagan as a “moderate,” the truth of the matter is Obama nominated Kagan precisely because she has a life-long history of extreme and radical left-wing political activism and her personal history clearly indicates that she may attempt to legislate her far-left wing agenda from the bench. If she is nominated for the Supreme Court, I hope everyone of you that believes that our Constitution is under assault will vote all the politicians who vote for her right outta office at the earliest possible time which would be Nov 2010 or 2012.

  • bob pa

    from 1933 to present we have decended in quality and values thanks to the presidents elected to serve,{excluding truman, ike, and reagan} and the results are now comming to roost. congress in some cases had some effect but still we are declining and have no recourse thanks to people who vote against the constitution. you get what you believe and vote. we ate in the last throws or defucnt government. i think it is over.

  • 45caliber

    When Congress or any Party votes the way the President tells them to vote, we no longer have a republic. We have a dictatorship. The Oblamacare program is a classic example. If I had been a Democrat Congressman and had been ordered to vote for it, sight unseen, I would have voted against it even if I knew that it was the perfect thing for our country. There is NO WAY I’d consider voting for something I’ve never seen just because someone told me to vote that way. Unfortunately, it seems that most of our Congress aren’t that independent.

    • Smilee


      Boy are you ever lacking in knowledge about how our government works, your whole post reeks of your hate for Obama and does nothing to enlighten anyone

  • Angel-Wanna-Be

    They’re isn’t any of the Obama Administration and that includes the CZARS, that are qualified to do what they do either__so why not add another nin-com-poop to the buffet, just for flavor, such as Kagan. She’s going to say WHATEVER her Messiah-in-Thief tells here to say. How well one can read and interpet the Constitution, as well as understanding and interpeting the law, is no longer a part of the vetting process. It’s about how quickly the SCOTUS appointees, can push through the masters plan. Politics is not about America, her people, and what’s best for the nation as a whole. It’s about pushing agendas and trying to shut down the oppositon, by trying to shut us up___FAT CHANCE!__Kagan for SCOTUS, is another Progressive, with a life time appointment. And as long as Obama is in office of the President, you cam bet your azz she’ll be saying “Yes Sir”!. The only way I would suppose that can be changed, is to change the term limits of SCOTUS.__Is that Constitutional and/or feasible?___Anyone?

    • vicki

      Maybe cause Kagen will be around adding “flavor” long after Obama and his Czars are gone? That is one VERY good reason to object to her appointment.

    • Bob Wire

      >>They’re isn’t any of the Obama Administration and that includes the CZARS, that are qualified to do what they do either_<<

      so? this is seen as a new thang?

  • s c

    According to Herr Obummer, Kagan is qualified for anything and everything under the sun. With certain limitations, I agree.
    Ergo, she’s qualified to serve me coffee. She’s qualified to fetch my newspaper. She’s qualified to take out the trash.
    She’s qualified to wash dishes. She’s qualified to take dictation. She’s qualified to be a law clerk. She’s qualified to perform brain surgery on lab rats via Herr Obummer’s healthcare scam. She’s qualified to lie to the Senate. She’s qualified to lie to the American people. She’s probably over-qualified as a czar. I could go on and on, but you get the picture. She is DEFINITELY qualified to do many things. However, when it comes to the Supreme Court, she’s qualified to watch it on TV. ‘Qualified’ may be her middle name. But, it doesn’t mean she’ll preserve, protect or defend the Constitution any better than the twin hacks in the White House or the hordes of mental defectives who drool in awe at every half-assed idea Herr Obummer dreams up in the name of “hope” and “change.”
    Wait a minute. Maybe Frau Kagan can get Herr Obummer to explain what hope and change really mean when he opens that his flapping mouth and spews hope and change at us so often.

  • Jeff Rayno

    Isn’t it nice to see people discussing issues…all from one article? Good job Ben…People need to think regardless of what they believe.

  • Bob Wire

    I think they (some) are drawing for more then just the article jeff.

    but your right, ` they are a salty bunch and not going to let any stupid facts stand in their way!


    I am not sure why the republican side cannot ask the hard questions needed to expose this laughing little lib fluff ball but if the color “Yellow” has something to do with it then that must be the answer. This glop of fortitudeless miscreants need to take a look in the mirror and ask themselves if they are worth their salt for what they are paid……or get the hell out of the party I want to represent me.

    • Claire

      ONTIME– As far as I am concerned the Republicans are next to worthless too.

  • ruel


  • Bob Wire

    Well they wasn’t always and it’s my hope they wake up and smell the coffee and help us dig out of this mess.

    But for now , they pander to special interest, they apologize to BP for our southern coastline getting in their way or defend large campaign contributions that have committed fraud, holding the American Tax Payers hostage by being “too lager to fail”, preventive Venture Capitalism to work as it was intended to work.

    My hopes wane as I hear people defend the undefended.

  • mavis



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