Hillary Wants to Pervert Justice

  • “You must not act unjustly when deciding a case. Do not be partial to the poor or give preference to the rich; judge your neighbor fairly.” (Leviticus 19:15)
  • “Do not show favoritism to a poor person in his lawsuit.” (Exodus 23:3)

Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan;
Front row (left to right): John Maynard Keynes, Karl Marx, Chief Justice John G. Roberts,
Associate Justice Lycurgus of Sparta, and Associate Justice Margaret Sanger.

Via NATIONAL REVIEW and Jonah Goldberg:

In her first answer of the night, Hillary Clinton was asked about the Supreme Court. She said justices should stand up to the rich and side with the people or some such treacle. It should support the usual favored groups, etc. It should fight big money and the powerful. And so on. Only problem: That’s not what justices are supposed to do. The Judicial Oath goes like this:

  • “I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States.  So help me God.”

Sometimes they say:

  • “I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States; and that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.  So help me God.”

The relevant point is the same. Standing up to the rich is not the Supreme Court’s job. Standing up for the law is. And, sometimes, the law is on the side of the rich and powerful. You could look it up.

Myron Magnet Notes the the Founders Constitutional Intentions vs. Progressives

Here is a clip of a larger article I thoroughly enjoyed via Myron Magnet’s insight into the Constitutions history. I recommend reading the entire piece linked at the end of this clip:

…Much of what the Progressive Era had only hoped for, the New Deal brought into being, transforming America’s constitutional structure in ways that such Pro­gressives as Woodrow Wilson, with his belief that the Founders were antique, bewigged fig­ures with views un­suited to modernity’s more informed and ef­fective age of science, statistics, and profes­sionalism, had urged. –‑

Wilson, argues author Freedman, saw “the Found­ers’ checks and balances as an unnecessary drag on the efficiency of government,” which should be a vast mechanism in which expert bureaucrats with advanced degrees—working altruistically in nonpolitical agencies like the Interstate Commerce Commission, formed in 1887, or the Federal Trade Commission, founded during Wilson’s presi-dency—would smoothly institute what advances in economics and social science would reveal as the common good. In 1908, Wilson swept the Founders and their cobweb-covered Constitution into the dustbin of history. “No doubt a great deal of nonsense has been talked about the inalien­able rights of the individual, and a great deal that was mere vague sentiment and pleasing specula­tion has been put forward as fundamental prin­ciple,” he wrote. By contrast with the Founders’ musty parchment, he continued, “Living political constitutions must be Darwinian in structure and practice.” Can’t get much more up-to-date and sci­entific than evolution.

And so arose the doctrine of the Living Con­stitution, which has now infringed nearly every guarantee of the Bill of Rights, from free speech to federalism. “The chief instrumentality by which the law of the Constitution has been extended to cover the facts of national development has of course been judicial interpretations—the de­cisions of courts,” Wilson wrote. “The process of formal amendment of the Constitution was made so difficult by the . . . Constitution itself that it has seldom been feasible to use it.” So the doughty courts have stepped in and taken over the “whole business of adaptation . . . with open minds, sometimes even with boldness and a touch of audacity,” becoming “more liberal, not to say more lax, in their interpretation than they otherwise would have been.” As Wilson saw it, writes Levin, “the federal judiciary was to be­have as a permanent constitutional convention,” making up the laws as it went along. Of course, at that point, as Lincoln had warned almost half a century earlier, “the people will have ceased to be their own rulers.”

And indeed, it was this magic elixir of judicial constitution-making and rule by administrative agencies that Franklin D. Roosevelt employed to transmute the American political system into one that resembled George III’s system of rulers and subjects as much as it did George Washington’s government….

Myron Magnet, It’s Not Your Founding Fathers’ Republic Any More, City Journal (Summer 2014), 47-48.

See also Myron’s article, Constitution Party, as well as his C-SPAN Book Discussion.