Sunday, July 4, 2010

The Declaration of Independence and Elena Kagan

U.S. Declaration of Independence ratified by t...Image via Wikipedia
"When in the course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

Thus begins the Declaration of Independence, our founding document.  As high a regard as conservatives have for our Constitution, we hold the Declaration of Independence in equally high regard.  Abraham Lincoln considered the Declaration to be the foundation of his political philosophy and the guiding principal as to how the Constitution should be interpreted.

The 9th Amendment of the Constitution states that other rights that are not listed in the Constitution exist, and those rights can not be violated just because they are not specifically listed.  Among these would be our inalienable rights as declared in the Declaration. 

There are many reasons why Elena Kagan should not be confirmed as a justice to the Supreme Court.  Her statement to Senator Tom Coburn during the confirmation hearings that she "doesn't have a view of natural rights independent of the Constitution," is a clincher for me.  The idea that our rights come only from the Constitution, and therefore the government, runs counter to the Declaration of Independence and our founding as a nation.


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2 comments:

  1. Do you think there will be a single Republican who will vote in favor of General Kagan? (I kind of doubt there will be, given the recent voting history of the Republicans in Congress.)

    Have a good Fourth!

    ReplyDelete
  2. there may be one or two

    had an excellent 4th at a baseball game. hope yours was enjoyable as well

    ReplyDelete

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