Eagle Forum Legislative Alerts

Thursday, August 05, 2010

Elena Kagan on the Supreme Court?

Let's review what kind of a person is the woman President Obama chose to be his second appointment to the U.S. Supreme Court. Elena Kagan never was a judge so her paper trail is short, but it's long enough to prove she is a clear and present danger to the Constitution. When Kagan was dean of the Harvard Law School, she brought to the campus a guest speaker who is known as the most activist judge in the world: Judge Aharon Barak, formerly on the Israeli supreme court, and called him her "judicial hero." Judge Barak is such an activist that he thinks a judge should "make" and "create" law, and take a major "role in the legislative process."

When Elena Kagan was asked her views on using foreign or international law to interpret our Constitution and laws, she replied that she approves using "foreign law arguments." That's not a good sign. The U.S. Constitution states that our judges "shall be bound" by "the Constitution, and the laws of the United States which shall be made in pursuance thereof."

Federal law requires all educational institutions receiving federal funds to present an educational program on the U.S. Constitution every Constitution Day, September 17. Kagan thumbed her nose at Constitution Day in 2007 by hiring a transnationalist on the Harvard faculty, Noah Feldman, and featuring him for two days of speeches. Transnationalists are lawyers who advocate integrating foreign and international law into interpretation of the U.S. Constitution and laws.

The Left is counting on Kagan to reassert the discredited doctrine called the "living Constitution" and to play a major role to get the Supreme Court to uphold Obama's transformation of our exceptional private enterprise system to a socialist economy.

Listen to this commentary:

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