Picking the Next Supreme Court Justice
Written on June 28, 2010 – 12:06 pm | by WilsonB |Senate Confirmation hearings begin today for Supreme Court nominee Elena Kagan. Her confirmation is expected to happen. But before that confirmation there will be the dog-and-pony show of the hearings. Sadly the hearings are far more about Senators making points at home, grandstanding and partisanship than it is about carefully and fearfully selecting the next justice who will serve for life, who has the ability to shape the future of the country through political/judicial activism or constitutional adherence.
Ms. Kagan has a direct connection with the military. As President of Harvard she denied the military access to Harvard for recruiting purposes. She defends this decision by saying she was enforcing the law that prohibits hiring on the basis of sexual orientation. But this post is not about the controversial “Don’t Ask, Don’t Tell” policy.
It is about the Supreme Court and the Constitution, the very constitution each member of the Armed Forces swears allegiance and is sworn to uphold and defend. I must admit I am on a history kick right now. I’m not sure how it started but I am in full swing. Recently I have been studying early American History and that leads me to the Constitution…
I have a question for you…have you ever read the Constitution of the United States? I know the preamble, having had to memorize it in school. But I never read the remainder. I am in the processing of changing that right now. How can we defend and uphold that which we neither know or understand? How can we know if our elected officials are adhering to the limitations of the Constitution or are self-promoting power-grabbers?
Recently the President, at the graduation address, told graduates that ‘too much information is dangerous.’ REALLY? REALLY? Actually we suffer not from too much information, but from a lack of full information. We do not have the right and full information to guide us as a country, state, or citizen. As I have been reading the writings of our founders and settlers, the Constitution…I am freshly aware of the incredible miracle that is the United States of America.
I have found my feeble delving into the history of our country has birthed in me a hunger and thirst to know more, to gain deeper understanding and with that comes a deeper appreciation for our Constitution, our country. And, a deeper desire to defend it, support, actively engage in this ‘experiment.’
Would you join me on a journey to discover our amazing, albeit short, history; our amazing birth, the men and women – both black and white – who built this country against all odds? Join me on a journey of rediscovering America…now how does that preamble go…?
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitutionfor the United States of America.
Union – from the Latin word “one”; something that is made one; something formed by a combining of parts or members: as a: a confederation of independent individuals (as nations or persons) for some common purpose
Justice: Quality or fact of being just; the principle of fairness that like cases should be treated alike, the priniciple that punishment should be proportionate to the offense.
Tranquility: the state of being free from agitation, distrubance or turmoil.
Common Defense: the act or action of defending; the capability of resisting attack; means or method of defending or protecting
Welfare: from Middle English phrase wel faren, to fare well. The state of doing well especially in respect to good fortune, happiness, well-being, or prosperity.
…wow, we could dialog and expound on just this much for some time. The preamble lays out the purpose and goal for what follows. The purpose? The Goal? To create a document that guides its government, limiting its power to hamper the freedom of its citizenry.
Specifically the role of the Federal government, as stated in the preamble, is to bring together (union) these states, to establish the fair and equal application of the law to all (justice), to provide for an environment or culture free of government tyranny (tranquility), defend its shores and citizenry from enemies and promote an environment where all can freely pursue the ability to ’fare well.’
And we’ve only begun…

