Sunday, March 7, 2010

Obama Nominates Another Enemy of the Constitution!

Barack Obama has nominated University of California, Berkeley law professor Goodwin Liu for the 9th Circuit Court of Appeals. Like nearly all of Obama's other nominees, Liu is the wrong person for the job. Why? Liu seems to believe that rules (ie the US Constitution) are made to be broken.

Liu feels the Constitution is open to creative manipulation to impose meanings not intended by the Founders and heretofore undiscerned by all the greatest legal minds. He believes that judges have a right to impose their values on the nation from the bench.

According to Liu, "Applications of constitutional text and principles must be open to adaptation and the conditions and norms of our society become ever more distant from those of the Founding generation."

His words indicate that judges are free to adapt the Constitution to the times. But what really happens is the Constitution is repeatedly ignored and judges impose their own values upon the nation instead.

He also believes we must subjugate our values to the values of the world: "...the Constitution's text and principles must be adapted to changes in the world..."

Liu distinguished himself during the Alito confirmation process by delivering patently demagogic opposition to the confirmation of Justice Samuel Alito mostly, it seems, because Alito is a true Constitutional scholar who adheres to originalist views on the role of the judiciary. Liu's statements manifest a constitutional scheme in which judges, and only judges, make policy on everything.

A recent study showed that many Americans consider our founding documents “obsolete.” That opinion, however, comes from people in two categories:
1 - Those who have never read or studied the document,
2 - Those who, like Liu, disagree with its principles of individual liberty, separation of powers, and limited central government.

Anyone who has read and studied the US Constitution knows that it has a built-in mechanism for adaptation -- an amendment process. There is nothing in there that authorizes any judge to do the amending!

The Senate and the Senate Judiciary Committee must make its determination on whether Liu correctly understands the Constitution and is willing to abide by it. Obama should already have made that determination. The fact that he nominated Liu clearly indicates that "Constitutional Law" Professor Obama cares nothing about the Constitution. The Constitution is like sun-block: It only works when it’s applied correctly. Liu does not seem to be that sort of judicial candidate.

Liu clearly is a radical activist who wants to move the courts and our country in the wrong direction -- further away from the Constitution.

The authors of the US Constitution wisely provided for Senate confirmation of all presidential nominees. The purpose of this confirmation process is to protect the US Constitution and the liberties it guarantees from an activist and power-hungry administration and from activist judges such as Goodwin Liu. Therefore, Senators must make all decisions regarding presidential appointees based not only on the nominee's professional qualifications but more importantly on his/her respect for the Constitution and not on whether he/she is politically correct (politically cleansed).

On taking office, every Senator takes the following oath:
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

Senators do not take an oath to any political ideology, political party, party leader, king, president, or even the desires of constituents! They take an oath to "support and defend the Constitution of the United States against all enemies, foreign and domestic" (ie Goodwin Liu and most other Obama nominees). In recent decades -- and especially during the current administration -- the Senate has done an utterly horrible job in protecting the US Constitution because Senators make their decisions based on political ideology and even race -- not the nominee's qualification, Constitutional discipline, or his/her potential effect on liberty.

Clearly, the Senate must expedite confirmation of presidential nominees who have a solid record of applying the original intent of the Constitution and halt consideration of all nominees from any administration who do not respect the rule of law or who are hostile to any individual liberty guaranteed by the US Constitution and the Bill of Rights. Compromise is giving in to the enemies of liberty. There must be no compromise!
He who does not punish evil commands it to be done. — Leonardo da Vinci

I urge the Senate to oppose the nomination of Goodwin Liu for any judicial position. I consider a vote for him is the same as a vote against the Constitution.

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