- MENU
- HOME
- SEARCH
- WORLD
- MAIN
- AFRICA
- ASIA
- BALKANS
- EUROPE
- LATIN AMERICA
- MIDDLE EAST
- United Kingdom
- United States
- Argentina
- Australia
- Austria
- Benelux
- Brazil
- Canada
- China
- France
- Germany
- Greece
- Hungary
- India
- Indonesia
- Ireland
- Israel
- Italy
- Japan
- Korea
- Mexico
- New Zealand
- Pakistan
- Philippines
- Poland
- Russia
- South Africa
- Spain
- Taiwan
- Turkey
- USA
- BUSINESS
- WEALTH
- STOCKS
- TECH
- HEALTH
- LIFESTYLE
- ENTERTAINMENT
- SPORTS
- RSS
- iHaveNet.com
Cal Thomas
We are told by no less than President Obama and supporters of his nominee to the
I love my cat, but what does loving the law mean for the court, for the law and for the public?
What is the law? Is it a game played by insiders who went to
The classical view of law is that it is meant to restrain lawbreakers. But in order to define a lawbreaker, one must have a standard for law so that people know it when they break it. The modern ("progressive" as Kagan has been called) view of law is that it is to serve the political ends of those in power. This is why we hear so much talk about Kagan being in touch with "average," or "regular" people, as opposed to above and below average and "irregular" people I suppose.
The classic view of law is something quite different. Expressed by the English jurist William Blackstone -- who, if he is studied at all at
Blackstone's philosophy was not insular, but served a larger purpose. As he expressed it, a law rooted in the ultimate Lawgiver, means, "The law, which restrains a man from doing mischief to his fellow citizens, though it diminishes the natural, increases the civil liberty of mankind."
In other words, if the law is a kind of judicial floating crap game, no one can say at any given moment where the "game" is being played or what the outcome might be. But law that is fixed and conforms people to a recognized standard promotes the general welfare -- as opposed to political interests -- and even increases civil liberties.
That's the kind of law I want and the kind of law the public should desire if it fully understood what is at stake in these debates about the
In the pursuit of those goals, the president has selected someone from a legal cocoon. Senator Patrick Leahy, the Vermont Democrat who chairs the Judiciary Committee, has praised Kagan's qualifications and "real-life experience" outside the courtroom. Vice President Biden calls her "Main Street."
In fact, her experience, as noted by the Politico Website, "draws from a world whose signposts are distant from most Americans: Manhattan's Upper West Side,
One of the several talking points about Kagan is that she is a "moderate liberal." In fact, Ron Klain, Vice President Biden's chief of staff, has called Kagan a "legal progressive." That seems about right because in college she lamented the decline of the socialist movement. If she is asked about that at her confirmation hearings, expect her to say she has "matured" since her days as a student. The question should be: "But have you converted from your embrace of socialism and on what basis? A love for capitalism and the Constitution?"
Democrats have the votes in the
Should this be an issue in the November election? Indeed, it should.
Available at Amazon.com:
The Virtues of Mendacity: On Lying in Politics
Bush on the Home Front: Domestic Policy Triumphs and Setbacks
The Political Fix: Changing the Game of American Democracy, from the Grassroots to the White House
WORLD | AFRICA | ASIA | EUROPE | LATIN AMERICA | MIDDLE EAST | UNITED STATES | ECONOMICS | EDUCATION | ENVIRONMENT | FOREIGN POLICY | POLITICS