ELENA KAGAN IN THE 'MAINSTREAM'
BY ALEXANDER HUNTER
There seems to be one thing on which everyone can agree. From archconservative pundits to archliberal White House staffers responsible for Solicitor General Elena Kagan's confirmation to the Supreme Court, all agree that the test is whether she is in the "mainstream of current legal thought."
But it would seem to me that such a standard only makes sense if you approve of where the mainstream currently is. For instance, left-wing statists - who believe in almost unlimited powers of government, who heartily approve of the Supreme Court's ruling in Kelo v. New London (which authorized a city to take non-blighted private property from its lawful owner and give it to someone else solely so the city can make more money), who believe that the Interstate Commerce Clause authorizes Congress to regulate every action or inaction of everyone living south of Canada and north of Mexico - would like all current and future court nominees to enjoy wading in the current mainstream.
But wouldn't it make sense for those of us who believe in original intent (and in this instance "us" would seem to include almost all Republican senators, based on their public statements) to support only nominees who hold to the standard of the mainstream of legal thought as of Sept. 17, 1787, when the writing of the Constitution was completed (or perhaps as of March 4, 1789, when the Constitution went into effect)?
After all, James Madison, who largely wrote the Constitution, obviously would be unqualified to interpret it today because it is a mathematical certainty that he would be appalled at the "mainstream of current legal thought."
For instance, consider a leering Democratic senator grilling Madison in 2010 on his views concerning the current mainstream theory of "a living Constitution," which requires that the Constitution be viewed in the context of today's events. Being an honest man, Madison would have to repeat what he said whilst he was alive: "Do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted, bastardized form of illegitimate government."
Oh dear, that puts Madison dangerously outside the current mainstream.
Or what if a sensible, moderate Republican senator were to inquire helpfully of Madison whether he sees any constitutional problem with Congress authorizing bureaucrats to promulgate hundreds of thousands of complex detailed requirements to enforce a universal health law. Again, citing his statements back in his living days, the honorable Madison would be compelled to testify: "It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood."
The notional senator doubtless would turn to the cameras and say: "My, my, what a Neanderthal backwoodsman this Madison character is - so out of the current mainstream of legal thought. How in the world could our federal government provide all the current and future 'services and benefits' to the citizens, if such thinking were permitted on the Supreme Court?"
That notional question is, of course, at the heart of what is quickening the countless millions in the Tea Party movement. If the Supreme Court would follow the dictates of the Constitution, much of the vast deficit-creating, individual-freedom-crushing current laws of the land would be unconstitutional.
Thus, Republican senators need to understand that, notwithstanding all their fine statements over the years about looking for justices who believe in "original intent" and don't believe in "creating law from the bench" will be for naught when the Tea Party voters measure those Googled words against the senator's Googled vote for Ms. Kagan because she is in the "mainstream of current legal thought." Changing the mainstream of current legal thought is a big part of what the November election is about.
Not just Tea partiers, either. According to Gallup's most recent poll in 2009, 59 percent of Democrats like the ideology of the Supreme Court, but 58 percent of Republicans are not satisfied with its current ideology. Just 9 percent of Democrats think the court is too liberal, while 49 percent of Republicans think it is too liberal.
So when a Republican senator considers the appropriate standard for judging Ms. Kagan's fitness for the high court, he should not be fooled by the responsible-sounding phrase "in the mainstream of current legal thought."
Rather, he or she should fall back on his own often-repeated original-intent, conservative standard and filibuster the brilliant Ms. Kagan's confirmation vote precisely because she is in the current mainstream - a location that has been deeply dredged by Franklin D. Roosevelt and his progeny for the past 75 years.
This November's voters look forward to the day when Madison once again would be found in the mainstream of current legal thought - as he was when he formed the original stream.
STAY OUT OF THE MAINSTREAM, IT HAS TAKEN A LEFT TURN
SINCE THE DAYS OF MADISON
By Tony BlankleyMonday,
THE WASHINGTON TIMES
June 28, 2010
Tony Blankley is the author of "American Grit: What It Will Take to Survive and Win in the 21st Century" (Regnery, 2009) and vice president of the Edelman public relations firm.
BARRY SOETORO aka BARACK HUSSEIN OBAMA
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, Mecca or Mars).
He is not eligible
because he was not born of
BOTH OF WHOM WERE UNITED STATES CITIZENS
AT THE TIME OF HIS BIRTH
as required by the Constitution.
Barack Hussein Obama Jr. is not eligible to be President of the United States because – according to public admissions made by him – his “birth status was governed” by the United Kingdom. Obama further admits he was a citizen of the United Kingdom and Colonies at birth.
Since Barack Hussein Obama Jr. was, if born in the state of Hawaii, a dual citizen, who – according to his own State Department – owed allegiance to the Queen of England and United Kingdom at the time of his birth – he cannot therefore be a “natural born” citizen of the US according to Article 2, Section 1, Clause 5 of the US Constitution.
His father, who did not live in the United States for more than a couple of years, was a subject/ciitizen
of Kenya/Great Britain at the time of Barack’s birth and afterwards, AND further, as Barack himself admitted on his website during the 2008 campaign, Barack was therefore born SUBJECT TO THE GOVERNANCE OF GREAT BRITAIN.
Here is a direct quote from Obama's "Fight the Smears/Fact Check" 2008 website:
‘When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children…’ “
The FACT that he was not born of TWO US CITIZEN PARENTS is all that matters. The question of his birth certificate is a distraction (a distraction fostered by Obama’s supporters?) that ought not to occupy our time and resources. BUT if you are really convinced of the value of the COLB (certificate of live birth) that Obama posted on his website, see this:
Also, it is possible that he is not a United States
citizen at all through his mother if he was born in Kenya, as three witnesses have testified. The reason is because his mother could not pass her US citizenship on to her son because she did not live continuously in the United States for five full years after her fourteenth birthday as required by the US immigration law in effect during that period of time.
Check it out:
Also, an excellent introductory primer on Obama Presiidential Eligibility is to be found at:
His usurpation can only be corrected (1) by Congress through his Impeachment and Removal [something which will never happen in a Congress controlled by Pelosi/Reid], or (2) it can be
corrected by his resignation, which could happen if the public presssure on him to resign becomes great enough, or (3) by his removal by the United States Supreme Court affirming a Quo Warranto decision of the United States Federal District Court for the District of Columbia [which process Attorney General Eric Holder would never allow to even begin] or (4) by an amendment to the Constitution,
which will never happen because that again would require the agreement of a Congress controlled by Pelosi/Reid.
HERE IS THE QUESTION WHICH EVERY AMERICAN CITIZEN SHOULD BE ASKING HIS OR HER CONGRESSMAN AND SENATORS
“During the 2008 election, then Senator Obama published a statement at his website which said that his birth status was ‘governed’ by the British Nationality Act of 1948. Can you please tell me, and the American people, how a person governed - at birth - by British law, can be a natural born citizen of the United States and thus constitutionally eligible to be President of the United States?”
If you really want to understand the difference between the technical terms natural born citizen, native born citizen, naturalized citizen and just plain citizen, go to:
And if you really want to understand why it is necessary for a man to be a natural born citizen of the United States in order to be President of the United States, read the essay by Leo Donofrio at:
And if you did not know that in additional to Obama being ineligible to be president because of his nationality, did you
know that he is a Muslim: