|Democrats Not Sure About Judge Compromise||Bush Stays on Message|
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.|
[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
[T]he way to achieve a system of determining admission to the public schools on a nonracial basis,
Brown II, 349 U. S., at 300–301, is to stop assigning students on a racial basis. The way to stop
discrimination on the basis of race is to stop discriminating on the basis of race.
Roberts, C.J., Parents Involved in Community Schools vs. Seattle School District
[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
[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
[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.
[In the] higher Christian churches... they saunter through the liturgy like Mohawks along a string of scaffolding who have long since forgotten their danger. If God were to blast such a service to bits, the congregation would be, I believe, genuinely shocked. But in the low churches you expect it every minute.
Annie Dillard, Holy the Firm
[Every] sacrifice is an act of impurity that pays for a prior act of greater impurity... without its participants having to suffer the full consequences incurred by its predecessor. The punishment is commuted in a process that strangely combines and finesses the deep contradiction between justice and mercy.
Frederick Turner, Beauty: The Value of Values
Within Pentecostalism the injurious hierarchies of the wider world are abrogated and replaced by a single hierarchy of faith, grace, and the empowerments of the spirit... where groups gather on rafts to take them through the turbulence of the great journey from extensive rural networks to the mega-city and the nuclear family...
David Martin, On Secularization
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
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
There was nothing new about the Frankish drive to the east... [let] us recall that the continuance of their rule depended upon regular, successful, predatory warfare.
Richard Fletcher, The Barbarian Conversion
The Union publishes an exact return of the amount of its taxes; I can get copies of the budgets of the four and twenty component states; but who can tell me what the citizens spend in the administration of county and township?
Alexis de Tocqueville, Democracy in America