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KAGAN: Nominee vows the impossible

Letter by Blaine C. Garver, Spanaway on June 29, 2010 at 10:49 am with 22 Comments »
June 30, 2010 9:08 am

Re: “Kagan vows to be unbiased, deferential to Congress” (thenewstribune.com 6-28).

I was pop-eyed and slack-jawed reading this headline.

Am I the only one to realize that her “vow” is impossible to uphold?

Deference to Congress, indeed. The promise to be unbiased and defer to Congress is all but a solid reason to reject her. This is the sort of judicial activism that has nearly wrecked what little is left of the intentions of the framers of the Constitution.

Our entire system of government is based on a check and balance system consisting of the judicial, legislative and executive branches. They are meant to keep tabs on each other, not rubber-stamp them.
Proponents of a “dynamic” Constitution are going to ruin this country.

Blaine C Garver

Leave a comment Comments → 22
  1. Well said Blaine, and correct.


  2. The framers wisely understood that human nature, which transcends any technology or resource advantage, must be subject to the rule of law and the consent of the governed, think Magna Carta – 1215. EK’s demonstrable philosophical behavior likens her to the crocodile promising to transport the cat across the river…yeah…just ‘trust’ me.

  3. tubbythetuba says:

    The Framers wrote a perfect document. From day one, hangers on were determined to show their “understanding” by changing the document. SCOTUS has “discovered” some amazing “rights” since meeting for the first time.

    Blaine “tubbythetuba” Garver

  4. the3rdpigshouse says:

    We have a marxizt/socialist community organizer in the White House and now we are subjected to a new Supreme Court nominee with no judicial or court experience??! When the ignorant electorate goes to the polls in November – the world will be watching – to see if we complete the flushing of the once great USA down the toilet of history!!! Wake up people and get these damned socialist marxist wanna-bes out of government before it is too late!!!

  5. readingthelatest says:

    Yeah… let’s get rid of “these damned socialist marxist wanna-bes” and put in some good ole fashioned conservatives. We need to elect more conservatives to rid the country of gays, abortions, and science. (sarcasm of course)

    If they are indeed socialist/marxist wanna-bes- doesn’t that mean they are failing at being socialist/marxist?

    Really, the whole purpose of my post was to see how many times I could use socialist and marxists. I have a long way to go to beat 3rdpig’s record.

  6. readingthelatest says:


    I may have been a bit harsh and I apologize. I think I know what you are really trying to say but you seemed to be anchored with a few terms that are repeated way too frequently and often out of context. We agree on a lot.

    I’m not a fan of lazy people loitering around the government mammary. I agree with Arizona’s immigration law. I think the healthcare bill is worthless in substance and pricey execution. I also enjoy my right to possess a firearm.

    I think Iraqi Freedom was a major blunder. I think we should leave Afghanistan soon. I support gay rights and a woman’s right to chose. I also despise how religious zealots have hijacked a respectable party and made us debate things that have little impact on our country’s well-being.

    Slinging the same words around thrice daily has other posters scrolling directly past your submissions. Both sides are guilty of their socialistic tendencies. What seems to matter to you is which party controls the debate.

  7. Excellent letter! Great point that the entire purpose of the Supreme Court is to address the legality of issues, not defer to the congress. Love your rubber stamp comment…..so on the mark. But now I can’t stop thinking about the absolute disrespect that Obama showed the Supreme Court in his State of the Union speech. I hope the whole court doesn’t show up next year as a statement against what an idiot Obama was. Kagan doesn’t have a history of decisions to base her nomination on, and its a lifetime appointment. At least we can vote Obama out, and learn from this little socialist experiment.

    Reading the latest-the words socialist and marxist may sting to you, but both Obama and Biden have called their plans a “redistribution of wealth”, the definition of socialim. Obamas most influential shapers of his political beliefs are publicly Marxists. People get hung up on words, but socialist, marxist, progressive(in todays political context for definition) are all apt descriptions of the direction this administration truly believes is better for our country. And that’s scary to many people who believe in the capitalist free market system that our country was founded on and our Constitution is rooted in.

  8. Sumner401 says:

    Nothing like a letter filled with buzz words to fire up the crowd that lives and for and things governing by buzz word is a good thing!
    I would laugh but it’s too serious and too scary, because these people can vote.
    They can’t change channels on their TV’s and radios, even when they know they are being lied to, but they are allowed to vote.
    I fear for my nation.

  9. the best part of the Obama administration IS that it is firing up the silent majority of people in this country-you know, the ones that spend their time going to work, going to their church of choice(or not as whatever their beliefs are), donating to charities, raising their children to be hard-working productive members of society, recognizing the immeasurable opportunity that is only afforded to us in the United States of America(read Obamas books and you’ll see what an impressive rise he has personally had in this great country he seeks to change). These people are demanding a change to the system to strengthen what America is-a land of opportunity.

    Sumner, I’m sure you won’t recognize the following, but it is part of the preamble to our Constitution. Wiser words could not be created today by men! The last line of my short chunk of it is what we are experiencing today with the Tea Party uprising.

    We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just Powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.

  10. tubbythetuba says:

    Not The Preamble, but from the Declaration of Independence……

  11. I made basically the same argument about Clarence Thomas when he stated that he had never discussed nor had any opinions about Roe v. Wade when it was being decided and he was a law student – either he was lying or he lacked sufficient intellectual curiosity about his chosen profession to be a jurist in the Supreme Court.

    Face it…..ever since Bork the tactic has been to nominate someone who can’t be nailed for anything specific and train them to obfuscate as much as possible during the hearings. At least Kagan is being more direct with her answers than any of the other recent nominees.

  12. tubbythetuba says:

    I think we all suspect that the Problem with Thomas is that the Democrats, by way of the Black supporters, didn’t think Thomas was “Black Enough”….I think those words were even used a time or three.

  13. tubby – try speaking just for yourself rather than “we all”.

  14. It Is interesting that folks react so terribly to the term “socialist” when the values expressed by our current administration DO in fact reflect the core principles of socialism.

    Personally I think these hearings are a joke. Kagan’s politics are no secret, and the soft ball questions being tossed to her are a waste of time.

  15. Sumner401 says:

    “It Is interesting that folks react so terribly to the term “socialist” when the values expressed by our current administration DO in fact reflect the core principles of socialism.”

    What is even more interesting is that nothing could be further from the truth and yet the folks that over use the term ‘socialist’ do so knowing full well it isn’t true.

  16. Sumner401 says:

    “Sumner, I’m sure you won’t recognize the following, but it is part of the preamble to our Constitution.”

    No it isn’t, but it does illustrate what is wrong with you neoconservabaggers, you only think you know what you are talking about.
    Parroting morons and their words does not make you smart, sorry.

  17. tubbythetuba says:

    BB, “We” DO know that, if only your were honest with yourself.

    Make Note, Fellow Bloggers, Sumner401 thinks parroting the authors of the Declaration of Independence is moronic. That’s should really bolster your creds, Sumner. Say, if your Special Ed class has a summer writing course, you should take it. Winding one’s way through your grammer is truly painful.

  18. the3rdpigshouse says:

    sumner 401 – FYI for you and the other socialist/marxist doubters!

    The OH-Bummer Playbook!!

    Socialism, a tyranny of the many (non-producers) over the few (producers), ends when the few either buckle under the weight of the burden they are asked to bear for society (social welfare), or simply give up. Given the similarities between the definition of socialism and the definition of communism, it is hardly surprising that what takes the place of the tyranny of the many over the few is the dictatorship of the proletariat!! And thereby – the evolution of the gov’t-dependent society!!

    Marxism aims at the overthrow of capitalism and its replacement by a classless society in which goods are produced and distributed according to the principles of: “from each according to their ability, to each according to their work”; and finally, in the most advanced stage: “from each according to their ability, to each according to their needs.”

    Trotskyites believed for communism to succeed, it needed to encompass all the international trading relationships that capitalism had previously developed. Current Examples – Banking & Financial Systems; Major Production Entities; Health Care Providers)

  19. beerBoy says:

    tubby – using 3rd person effect, rather than actual logic based in facts might be what “we” do but I, belonging to the reality based community prefer to not rely upon truthiness.

  20. Telmell wrote: ..,”but both Obama and Biden have called their plans a “redistribution of wealth”, the definition of socialim.”

    I doubt if anyone commenting here wants socialsm/Marxism, but over the past several decades, this country has seen the most massive redistribuion of wealth in world history.., Upward. Socialism for the rich. And not a peep of warning or disgust out of the socialist/Marxist fear mongers.

    Since 1973 the wealthiest one percent have seen their incomes triple, and the incomes of the top tenth of 1 percent have more than quintupled. The average American family in the bottom 90 percent today would be earning another $10,000 per year by 1973 standards. And we all know whats happened to the middle class.

    To my memory the tax rate for the rich under Eisenhower was around 95 percent and this country did just fine. By the time Reagan took office the top rate was down to 73% and at the end of the Reagan era the top tax rate was down to 35%. Because of loopholes however, those who averaged 400k and above in yearly income paid 18.5 percent (2005).

    We live in a country where the cheats, crooks and the imbeded wealthy are walking off with the all the riches. The middle class and the poor have been taking a beating, and your worried about a little redistribution back to the way things were in the good old days?

  21. beerBoy says:

    Socialism, a tyranny of the many (non-producers) over the few (producers)

    oh Pig…..just what do bankers produce? Please explain how creating financial derivatives is beneficial production. And how is it that laborers have been categorized as non-producers?

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