dSmart Guys On Janice Rogers Brown - Road to the Middle Class - by Christopher Chantrill
 home  |  book  |  blogs  |   RSS  |  contact  |
Democrats Not Sure About Judge Compromise Bush Stays on Message

print view

Smart Guys on Janice Rogers Brown

by Christopher Chantrill
June 09, 2005 at 3:00 am

JUDGING FROM the mournful comments of left-wing law school professor Erwin Chemerinsky, the successful nomination of Janice Rogers Brown to the DC Court of Appeals is the end of life as we know it. You can get a flavor of the left-wing take on Brown in Chemerinsky´s comments on the Hugh Hewitt Show captured by Radio Blogger.

I think Janice Rogers Brown is pretty much as far to the right on the political spectrum as you´re going to get for a federal Court of Appeals. She said that she believes the social security program is unconstitutional. She said that she believes that the Bill of Rights shouldn´t be applied to the states. She was ranked unqualified by the commission that evaluated her for the California Supreme Court. The ABA committee gave her the lowest possible evaluation that would pass her for the position. I think it´s really a sad day for America that she has a lifetime position on one of the most important federal Courts of Appeal.

You get a certain frisson of excitement reading that someone actually has the courage to declare Social Security unconstitutional. Law school professor John Eastman reminds us what the judge battle is about, what liberals are defending and what conservative want to change:

Let me go back. I mean, liberal scholars have been trying for seventy years to find a rationalization to defend what happened in the Court signing off, ultimately under pressure in the New Deal. Bruce Ackerman has come up with a theory that we somehow have collective Constitutional moments, as the way we amend our Constitution now. That´s not what the Constitution requires. And the notion that it is off limits even to challenge the illegitimacy of what went on seventy years ago, is to simply throw in the towel on any notion of Constitutionalism, and law becomes whatever the most recent pronouncement of the Court says it is. That´s a dictatorship of nine. That´s not the democratic republic we have. And we are at risk of losing our Constitution system itself, if we´re not even able to challenge the principles on which that Constitution is based.

That´s it. Liberals want to put the jurisprudence of the last 70 years off limits, and that´s why they head for the fainting couches when conservatives like Janice Rogers Brown are nominated to the federal bench.

|

Christopher Chantrill blogs at www.roadtothemiddleclass.com.  His Road to the Middle Class is forthcoming.


 TAGS


Responsible Self

[The Axial Age] highlights the conception of a responsible self... [that] promise[s] man for the first time that he can understand the fundamental structure of reality and through salvation participate actively in it.
Robert N Bellah, "Religious Evolution", American Sociological Review, Vol. 29, No. 3.


Taking Responsibility

[To make] of each individual member of the army a soldier who, in character, capability, and knowledge, is self-reliant, self-confident, dedicated, and joyful in taking responsibility [verantwortungsfreudig] as a man and a soldier. — Gen. Hans von Seeckt
MacGregor Knox, Williamson Murray, ed., The dynamics of military revolution, 1300-2050


Civil Society

“Civil Society”—a complex welter of intermediate institutions, including businesses, voluntary associations, educational institutions, clubs, unions, media, charities, and churches—builds, in turn, on the family, the primary instrument by which people are socialized into their culture and given the skills that allow them to live in broader society and through which the values and knowledge of that society are transmitted across the generations.
Francis Fukuyama, Trust


What Liberals Think About Conservatives

[W]hen I asked a liberal longtime editor I know with a mainstream [publishing] house for a candid, shorthand version of the assumptions she and her colleagues make about conservatives, she didn't hesitate. “Racist, sexist, homophobic, anti-choice fascists,” she offered, smiling but meaning it.
Harry Stein, I Can't Believe I'm Sitting Next to a Republican


Liberal Coercion

[T]he Liberal, and still more the subspecies Radical... more than any other in these latter days seems under the impression that so long as he has a good end in view he is warranted in exercising over men all the coercion he is able[.]
Herbert Spencer, The Man Versus the State


Moral Imperatives of Modern Culture

These emerge out of long-standing moral notions of freedom, benevolence, and the affirmation of ordinary life... I have been sketching a schematic map... [of] the moral sources [of these notions]... the original theistic grounding for these standards... a naturalism of disengaged reason, which in our day takes scientistic forms, and a third family of views which finds its sources in Romantic expressivism, or in one of the modernist successor visions.
Charles Taylor, Sources of the Self


US Life in 1842

Families helped each other putting up homes and barns. Together, they built churches, schools, and common civic buildings. They collaborated to build roads and bridges. They took pride in being free persons, independent, and self-reliant; but the texture of their lives was cooperative and fraternal.
Michael Novak, The Spirit of Democratic Capitalism


Society and State

For [the left] there is only the state and the individual, nothing in between. No family to rely on, no friend to depend on, no community to call on. No neighbourhood to grow in, no faith to share in, no charities to work in. No-one but the Minister, nowhere but Whitehall, no such thing as society - just them, and their laws, and their rules, and their arrogance.
David Cameron, Conference Speech 2008


Faith and Politics

As far as the Catholic Church is concerned, the principal focus of her interventions in the public arena is the protection and promotion of the dignity of the person, and she is thereby consciously drawing particular attention to principles which are not negotiable... [1.] protection of life in all its stages, from the first moment of conception until natural death; [2.] recognition and promotion of the natural structure of the family... [3.] the protection of the right of parents to educate their children.
Pope Benedict XVI, Speech to European Peoples Party, 2006


Never Trust Experts

No lesson seems to be so deeply inculcated by the experience of life as that you should never trust experts. If you believe doctors, nothing is wholesome: if you believe the theologians, nothing is innocent: if you believe the soldiers, nothing is safe. They all require their strong wine diluted by a very large admixture of insipid common sense.
Lord Salisbury, “Letter to Lord Lytton”


Conservatism's Holy Grail

What distinguishes true Conservatism from the rest, and from the Blair project, is the belief in more personal freedom and more market freedom, along with less state intervention... The true Third Way is the Holy Grail of Tory politics today - compassion and community without compulsion.
Minette Marrin, The Daily Telegraph


Class War

In England there were always two sharply opposed middle classes, the academic middle class and the commercial middle class. In the nineteenth century, the academic middle class won the battle for power and status... Then came the triumph of Margaret Thatcher... The academics lost their power and prestige and... have been gloomy ever since.
Freeman Dyson, “The Scientist as Rebel”


mysql close

 

©2007 Christopher Chantrill