Wednesday, May 18, 2011

Goodwin Liu is an enemy to the Constitution

Perhaps the most important role for a legislator, president, or judge is to know and strictly follow the US Constitution. For this reason, the Constitution requires that all federal judges be confirmed by the US Senate. The Senate's job is to ensure that presidential nominees, especially judges, intimately know and consistently follow the Constitution.

As far as has been disclosed to the People, 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 most Obama nominees).

Goodwin Liu has been nominated to the Ninth Circuit Court of Appeals. I am satisfied that he is not fit for that position because of his anti-Constitution history.

• Liu believes in a "living Constitution." In other words, the Constitution means whatever he wants it to mean. He said, "I think that [originalism is] nice in theory, but the reality is...the job of courts really awareness of the evolving norms and social understandings of our country." Liu also wrote: "For too long, liberals, progressives and moderates have been defensive about how the Constitution should be interpreted." 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!
• He finds it "difficult to grasp" that foreign law should not be used to interpret the US Constitution.
• Liu would impose homosexual marriage. He submitted an amicus brief in favor of gay marriage and called the majority of California voters a "narrow and ultimately temporary majority."
• He would create a "Constitutional" right to welfare and consequently a right to the earnings of hard-working taxpayers. He believes that "judicial recognition of welfare rights depends on socially situated modes of reasoning...."
• Liu is so soft on crime that he is opposed by a bi-partisan majority (42 of 58) of California DAs (District Attorneys). The DAs cite: "[Liu's] views on criminal law, capital punishment, and the role of the federal courts...[as cause for] the Judiciary Committee and the full Senate to reject this nomination."
• He was highly critical of Chief Justice Roberts and Justice Alito. For example, Liu believes that "because [Roberts] would sit with life tenure" Senators should inquire about specifics on their views of so called "gay rights," "abortion rights," "the environment, "home grown marijuana," "environmental laws," "affirmative action," professional associations, and a host of other issues which are properly addressed by the People through their elected representatives -- not by judges. I counter that by demanding that "because [Liu] would sit with life tenure" Senators should inquire about specifics on his views of the "Constitution as the Supreme Law of the Land," who has authority and responsibility to amend the Constitution, and whether those who don't work have a right to the fruits of the labors of the workers.

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

Every Senator has a sworn obligation to take every possible step to ensure that Goodwin Liu is never confirmed for any federal judgeship. Every Senator has a sworn obligation to demand that the president henceforth nominate only persons who know and follow the Constitution for judicial and administrative positions.

I consider a vote for Liu is the same as a vote against the Constitution.

"He who does not punish evil commands it to be done." — Leonardo da Vinci

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