-- the ability to decide cases without being influenced by personal feelings or political preferences --
is indispensable to the rule of law.
So indispensable, in fact,
that the one-sentence judicial oath
required of every federal judge and justice
contains no fewer than three expressions of it:
"I . . . do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me . . . under the Constitution and laws of the United States, so help me God."
There are biblical echoes in the wording of that oath -- a reminder that the judge's obligation to decide cases on the basis of fact and law, without regard to the litigants' wealth or fame or social status, is a venerable moral principle.
"You shall not show partiality in judgment; you shall hear the small and the great alike," says Moses in Deuteronomy, instructing the Israelite judges. "You shall not distort justice; you shall not respect persons, and you shall not take a bribe." Elsewhere they are reminded that it is not only the rich they are forbidden to favor. "Neither shall you be partial to a poor man in his dispute," Exodus firmly warns. Judges may not bend the law, not even to help the underprivileged.
Without judicial restraint there is no rule of law. We live under "a government of laws and not of men," to quote John Adams's resonant phrase, only so long as judges stick to neutrally resolving the disputes before them, applying the law and upholding the Constitution even when doing so leads to results they personally dislike. That is why the judicial oath is so adamant about impartiality. That is why Lady Justice is so frequently depicted -- as on the sculpted lampposts outside the US Supreme Court -- wearing a blindfold and carrying balanced scales.
And that is why President Obama's "empathy" standard is so disturbing, and has generated so much comment.
Time and again, Obama has called for judges who do not put their private political views aside when deciding cases. In choosing a replacement for Justice David Souter, the president says, he will seek not just "excellence and integrity," but a justice whose "quality of empathy, of understanding and identifying with people's hopes and struggles," would be "an essential ingredient" in his jurisprudence. In an interview last year, he said he would look for judges "sympathetic" to those "on the outside, those who are vulnerable, those who are powerless."
When he voted AGAINST [emphasis added] the confirmation of Chief Justice John Roberts in 2005, Obama declared that the "truly difficult" cases that come before the Supreme Court can be decided only with reference to "the depth and breadth of one's empathy," and that "the critical ingredient is supplied by what is in the judge's heart."
But such cardiac justice is precisely what judges "do solemnly swear" to renounce. Sympathy for others is an admirable virtue, but a judge's private commiserations are not relevant to the law he is expected to apply.
If Obama means what he says, he wants judges who can be counted on to violate their oath of office.
"We need somebody who's got the heart -- the empathy -- to recognize what it's like to be a young teenage mom," he told a Planned Parenthood conference in 2007. "The empathy to understand what it's like to be poor or African-American or gay or disabled or old. And that's the criteria by which I'm going to be selecting my judges."
With such criteria, what would remain of the rule of law? What would happen to "Equal Justice Under Law," which is carved above the Supreme Court's entrance? What would be left of the 14th Amendment's guarantee of "equal protection of the laws" to every citizen?
Lady Justice wears a blindfold not because she has no empathy for certain litigants or groups of people, but because there is no role for such empathy in a courtroom. "Our constitution is color-blind," wrote Supreme Court Justice John Marshall Harlan, in his great dissent in Plessy v. Ferguson, "and neither knows nor tolerates classes among citizens." Harlan had supported slavery; he believed whites were superior to nonwhites. He had his empathies, but he confined his judging to the law.
Lady Justice's blindfold
by Jeff Jacoby
The Boston Globe
May 10, 2009
(Jeff Jacoby is a columnist for The Boston Globe.)
Barry Soetoro aka Barack Hussein Obama
because he is not eligible to be President of the United States
because he is not a Natural Born Citizen
as required by Article Two, Section One, Clause Five
of the United States Constitution.
This is a fact regardless of
where he was born (Mombassa, Hawaii, Chicago, or Mars).
He is not a Natural Born Citizen
because he was not born of
BOTH OF WHOM WERE UNITED STATES CITIZENS
at the time of his birth.
His father was a subject/ciitizen
of Kenya/Great Britain at the time of his birth and afterwards.
His mother was too young to pass on her US citizenship
according to the law in effect when he was born.
Check it out:
His usurpation cannot be corrected by Congress,
it can only be corrected by his resignation, his removal
by an amendment to the Constitution
which will never happen.
April 1, 2009
AP- WASHINGTON D.C. - In a move certain to fuel the debate over Obama's qualifications for the presidency, the group "Americans for Freedom of Information" has released copies of President Obama's college transcripts from Occidental College. Released today, the transcript indicates that Obama, under the name Barry Soetoro, received financial aid as a foreign student from Indonesia as an undergraduate at the school. The transcript was released by Occidental College in compliance with a court order in a suit brought by the group in the Superior Court of California. The transcript shows that Obama (Soetoro) applied for financial aid and was awarded a fellowship for foreign students from the Fulbright Foundation Scholarship program. To qualify, for the scholarship, a student must claim foreign citizenship. This document would seem to provide the smoking gun that many of Obama's detractors have been seeking.
The news has created a firestorm at the White House as the release casts increasing doubt about Obama's legitimacy and qualification to serve as president. When reached for comment in London, where he has been in meetings with British Prime Minister Gordon Brown, Obama smiled but refused comment on the issue. Meanwhile, White House press secretary Robert Gibbs scoffed at the report stating that this was obviously another attempt by a right-wing conservative group to discredit the president and undermine the administration's efforts to move the country in a new direction.
Britain's Daily Mail has also carried the story in a front-page article titled, "Obama Eligibility Questioned", leading some to speculate that the story may overshadow economic issues on Obama's first official visit to the U.K.
In a related matter, under growing pressure from several groups, Justice Antonin Scalia announced that the Supreme Court agreed on Tuesday to hear arguments concerning Obama's legal eligibility to serve as President in a case brought by Leo Donofrio of New Jersey. This lawsuit claims Obama's dual citizenship disqualified him from serving as president. Donofrio's case is just one of 18 suits brought by citizens demanding proof of Obama's citizenship or qualification to serve as president.
Gary Kreep of the United States Justice Foundation has released the results of their investigation of Obama's campaign spending. This study estimates that Obama has spent upwards of $950,000 in campaign funds in the past year with eleven law firms in 12 states for legal resources to block disclosure of any of his personal records. Mr. Kreep indicated that the investigation is still ongoing but that the final report will be provided to the U.S. attorney general, Eric Holder. Mr. Holder has refused to comment on the matter.
According to Associated Press story shown below, Obama's tramscripts from Occidential College show that he was an undergradraduate at the school under the name Barry Soetoro, and received financial aid as a foreign student from Indonesia. I did a search using "Smoking gun finally found."
Here are a few of the websites that came up. None said it was false.