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Republican Tea Party Hedges on Rejecting Enemy of the Constitution Kagan
May 12, 2010
The Republican version of the Tea Party, the Tea Party Express (a money-making machine for establishment Republicans), has drafted a guideline for selecting Supreme Court nominees.
The plan lays out “Five Constitutional principles,” as follows: “Judges must interpret the Constitution of the United States as written,” “Judges must not use their positions to replace the text of the law and Constitution of the United States with their own personal feelings or experiences,” and “Judges must understand that the Federal government has no power if the Constitution does not explicitly provide it.”
Sounds good. And yet the Tea Party Express has yet to make up its mind on Elena Kagan, according to CNN.
Amy Kremer of the Tea Party Express said activists are in a “fact-gathering mode,” figuring out the process, timeline, and how Kagan compares to other Supreme Court nominees. The Tea Party Express has not yet expressed an opinion of Kagan. “We have not, collectively as a group, taken a hard-line,” Kremer said.
Why not? It is no secret Elena Kagan is an enemy of the Constitution and the Bill of Rights.
In academic papers, Kagan has stated her opinion that certain free speech should disappear and she would celebrate censorship. “I take it as a given that we live in a society marred by racial and gender inequality, that certain forms of speech perpetuate and promote this inequality, and that the uncoerced disappearance of such speech would be cause for great elation,” she wrote in her 1993 article “Regulation of Hate Speech and Pornography After R.A.V,” for the University of Chicago Law Review.
Kagan believes the Supreme Court should focus on “motives” when it comes to restricting the First Amendment. Not that censorship is unconstitutional on its face, but rather that the government should go shopping for politically correct motives.
“Supreme Court nominee Elena Kagan said the high court should be focused on ferreting out improper governmental motives when deciding First Amendment cases, arguing that the government’s reasons for restricting free speech were what mattered most and not necessarily the effect of those restrictions on speech,” reports CNSNews.
In an article written three years later, Kagan argued it may be proper to suppress speech because it is offensive to society or to the government.
In a brief, United States V. Stevens, uncovered by the Washington Examiner, Solicitor General Kagan wrote: “Whether a given category of speech enjoys First Amendment protection depends upon a categorical balancing of the value of the speech against its societal costs.”
“The Court rejected Kagan’s reasoning, but had the justices accepted her assertion, it would have effectively repealed the First Amendment’s protection of speech and replaced it by granting government the authority to decide what speech should be permitted,” writes Mark Tapscott for the Washington Examiner.
In short, this woman is an enemy of the Bill of Rights. Is there something about this fact the Tea Party Express does not understand?
Establishment Republicans will assist Obama in placing this enemy of the Constitution on the Supreme Court.
Sen. Orrin Hatch, R-Utah, has called Kagan “a brilliant woman.” Sen. Jon Kyl of Arizona said he doubts there is anything in Kagan’s record that would result in a filibuster. Kagan is “nominally qualified, and by that I mean she is obviously very intelligent.” Kyl told CNN.
Republicans will not attempt to block Kagan’s nomination.
Even though Kagan’s nomination is all but a foregone conclusion, the real Tea Party needs to vociferously denounce her as a threat to the Constitution and the Bill of Rights. They need to underscore her Wall Street connections.
Obama plans to pack the court with traitors who endeavor to dismantle the Bill of Rights. Sonia Sotomayor is also a minion of the elite and a member of the female version of the Bohemian Grove, the Belizean Grove.
Like Kagan, she is a committed socialist. She quoted Norman Thomas in her 1976 Princeton yearbook.
Thomas was a six-time presidential candidate for the Socialist Party of America. Socialism has received ample funding and support from Wall Street since the advent of the Communist Revolution in Russia. It is the preferred control mechanism of the global elite.
The Obama administration is rife with enemies of the Constitution. Another sworn enemy of liberty, Cass Sunstein, who heads the Office of Information and Regulatory Affairs, proposed infiltrating “conspiracy groups” in COINTELPRO fashion. He has suggested the government ban “conspiracy theorizing” and “impose some kind of tax, financial or otherwise, on those who disseminate such theories.”
Remarkably, Sunstein appeared on a SCOTUS short list before Kagan was selected.
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