Saturday, October 29, 2005

Dammit, George! Listen to Us for a Change...

More from the writings (courtesy Instapundit) of Ninth Circuit Federal Appeals Court Judge Alex Kozinski, considered one of the foremost legal minds in America, an acknowledged expert on Constitutional law, the classic American success story of an young immigrant made good and the man George W. Bush should be on the phone to RIGHT NOW about that Supremes slot:
Judges know very well how to read the Constitution broadly when they are sympathetic to the right being asserted. We have held, without much ado, that “speech, or . . . the press” also means the Internet, and that “persons, houses, papers, and effects” also means public telephone booths. When a particular right comports especially well with our notions of good social policy, we build magnificent legal edifices on elliptical constitutional phrases--or even the white spaces between lines of constitutional text. But, as the panel amply demonstrates, when we’re none too keen on a particular constitutional guarantee, we can be equally ingenious in burying language that is incontrovertibly there.

It is wrong to use some constitutional provisions as spring-boards for major social change while treating others like senile relatives to be cooped up in a nursing home until they quit annoying us. As guardians of the Constitution, we must be consistent in interpreting its provisions. If we adopt a jurisprudence sympathetic to individual rights, we must give broad compass to all constitutional provisions that protect individuals from tyranny. If we take a more statist approach, we must give all such provisions narrow scope. Expanding some to gargantuan proportions while discarding others like a crumpled gum wrapper is not faithfully applying the Constitution; it’s using our power as federal judges to constitutionalize our personal preferences. . . .

All too many of the other great tragedies of history— Stalin’s atrocities, the killing fields of Cambodia, the Holocaust, to name but a few—were perpetrated by armed troops against unarmed populations. Many could well have been avoided or mitigated, had the perpetrators known their intended victims were equipped with a rifle and twenty bullets apiece, as the Militia Act required here. See Kleinfeld Dissent at 5997-99. If a few hundred Jewish fighters in the Warsaw Ghetto could hold off the Wehrmacht for almost a month with only a handful of weapons, six million Jews armed with rifles could not so easily have been herded into cattle cars. My excellent colleagues have forgotten these bitter lessons of history.

And Judge Alex, as always, thank you for your sevice in our behalf!


Everglades Jake said...

It is utterly amazing how hard this fight; to get a fight, was for us! All praise to God that we got Dubya's attention and now have a nominee we can fight for.
Get out your check books out, email your Senator and make sure the folks in DC understand that too many have died for the document to leave anything else to chance.
Please also check back often and keep track on activities available for all to participate in as we get this great American sworn in to the SCOTUS, your very life is at stake!
If you believe this is about Roe -v- Wade, you are wrong! This nomination is about limiting Federal powers, restoring private property rights, and most importantly securing your OBLIGATION to be prepared as a member of our well formed militia!
I guess the original Liberal in America (Thomas Jefferson) was right, a little revolution now and again is just fine by me.
That's what Everglades Jake Says...

Unknown said...

I really like your writing style. Nice Post keep it up.

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