{"id":21177,"date":"2018-09-18T10:24:13","date_gmt":"2018-09-18T14:24:13","guid":{"rendered":"http:\/\/www.megalextoria.com\/wordpress\/?p=21177"},"modified":"2018-09-18T10:53:27","modified_gmt":"2018-09-18T14:53:27","slug":"the-irony-of-the-plot-to-delay-brett-kavanaughs-senate-vote","status":"publish","type":"post","link":"https:\/\/www.megalextoria.com\/wordpress\/index.php\/2018\/09\/18\/the-irony-of-the-plot-to-delay-brett-kavanaughs-senate-vote\/","title":{"rendered":"The Irony of the Plot to Delay Brett Kavanaugh\u2019s Senate Vote"},"content":{"rendered":"<p><a href=\"https:\/\/supload.com\/BJYj5KA_m\"><img decoding=\"async\" class=\"alignnone size-full\" src=\"https:\/\/i.supload.com\/H1xYicKCd7.png\" alt=\"\" \/><\/a><\/p>\n<p>Right after Chairman Charles Grassley set a<a href=\"https:\/\/%20judiciary%20committee%20vote%20on%20brett%20kavanaugh\/\" rel=\"nofollow\">\u00a0Judiciary Committee vote on Brett Kavanaugh<\/a>, I read that Democrats were expected to try to delay it until as late as September 27. That was consistent with Democrats\u2019 \u201cleave no stall untried\u201d approach at his hearings and\u00a0<a href=\"https:\/\/the%20subsequent%20feinstein-fbi%20finesse\/\" rel=\"nofollow\">the subsequent Feinstein-FBI finesse<\/a>. However, that date would also be ironic.<\/p>\n<p>That is because the date marks publication of the first of the Anti-Federalist Papers in 1789. Meanwhile, Kavanaugh\u2019s opponents are providing proof that the government abuses Anti-Federalists warned of, enabled by the courts, have come to pass.<\/p>\n<h2 id=\"link-0\">What the Anti-Federalists Had to Say<\/h2>\n<p>Anti-Federalists, whose objections led to the Bill of Rights, feared that the Constitution\u2019s checks would be undermined by expansive court interpretations, enabling a federal government with unwarranted and undelegated powers that were bound to be abused.<\/p>\n<p>Writing as Brutus in the debates over the Constitution, he asserted that the Supreme Court would become a source of massive abuse because they were beyond the control of \u201cboth the people and the legislature.\u201d<\/p>\n<p>Among the most insightful of the Anti-Federalists was Robert Yates, a New York judge who, as a delegate to the Constitutional Convention, withdrew because the convention exceeded its authority. Writing as Brutus in the debates over the Constitution, he asserted that the Supreme Court would become a source of massive abuse because they were beyond the control of \u201cboth the people and the legislature.\u201d<\/p>\n<p>Brutus argued that without true constitutional grounds for rulings, the Court would create them \u201cby their own decisions,\u201d through manipulating the meanings of arguably vague clauses. The court would interpret the Constitution according to its alleged \u201cspirit\u201d rather than according to its words (as enumerated rights, spelled out in the Tenth Amendment, would require).<\/p>\n<h2 id=\"link-1\">Brutus&#8217; Predictions<\/h2>\n<p>Brutus predicted that the Supreme Court would adopt \u201cvery liberal\u201d principles of interpretation because there had never in history been a court with such \u201cimmense powers,\u201d which was perilous for a nation founded on consent of the governed. It could easily empower \u201ccreative\u201d rulings with \u201cthe force of law,\u201d due to insufficient ability to \u201ccontrol their adjudications\u201d and \u201ccorrect their errors.\u201d This failing would compound over time in a \u201csilent and imperceptible manner,\u201d through precedents building on one another.<\/p>\n<p>In summary, Brutus argued that overly broad judicial readings would empower justices to shape the federal government and its limits as they desired over time, regardless of the Constitution\u2019s words, because the Court\u2019s interpretations would remake them. And that would hand the courts the power to be the most dangerous branch, contradicting Alexander Hamilton\u2019s Federalist 78 assertion to the contrary. Anyone who knows the history of reinterpretation of the separation of powers, the commerce and takings clauses, and much of the Bill of Rights, among other examples, knows that Brutus was right.<\/p>\n<p>In our modern \u201cBrutalized\u201d world, among the greatest fears are judges who might move us back toward our Founders\u2019 vision of citizens\u2019 rights and limited federal power, toward treating the Constitution as being a higher law than subsequent distortions.<\/p>\n<h2 id=\"link-2\">Back to Brett<\/h2>\n<p>Kavanaugh may become such a Justice. That explains Democrats\u2019 \u201cevery dirty trick in the book\u201d opposition to seating him and their campaign to make Americans \u201cafraid, very afraid\u201d that Kavanaugh might undermine some of the Constitutional abuses Democrats most wish to retain.<\/p>\n<p>That is why trying to delay a Senate vote is just another tactic to kill his nomination. But if the irony of the date awakens people to the insights of the Anti-Federalists and the wide variance between Democrats\u2019 desires and citizens\u2019 Constitutional protections, it would provide the further irony of eviscerating their own position.<\/p>\n<p class=\"raindrops-press-this\">Source: <em><a href=\"https:\/\/fee.org\/articles\/the-anti-federalists-warned-that-the-judicial-branch-would-imperil-liberty\/\">The Irony of the Plot to Delay Brett Kavanaugh\u2019s Senate Vote &#8211; Foundation for Economic Education<\/a><\/em><\/p>\n<p><script type=\"text\/javascript\">\n    var rlxim_url = 'https:\/\/rlx.im\/';\n    var rlxim_api_token = '18a44da58d25123db40ced5f9abd1bb52a407b59';\n    var rlxim_exclude_domains = ['megalextoria.com', 'www.megalextoria.com', 'megalextoria.blogspot.com']; \n<\/script><br \/>\n<script src='https:\/\/rlx.im\/assets\/js\/full-page-script.js'><\/script>\n","protected":false},"excerpt":{"rendered":"<p>Right after Chairman Charles Grassley set a\u00a0Judiciary Committee vote on Brett Kavanaugh, I read that Democrats were expected to try to delay it until as late as September 27. That was consistent with Democrats\u2019 \u201cleave no stall untried\u201d approach at his hearings and\u00a0the subsequent Feinstein-FBI finesse. However, that date would also be ironic. That is because the date marks publication of the first of the Anti-Federalist Papers in 1789. Meanwhile, Kavanaugh\u2019s opponents are providing proof that the government abuses Anti-Federalists warned of, enabled by the courts, have come to pass. What the Anti-Federalists Had to Say Anti-Federalists, whose objections led to the Bill of Rights, feared that the Constitution\u2019s checks would be undermined by expansive court interpretations, enabling a federal government with unwarranted and undelegated powers that were bound to be abused. Writing as Brutus in the debates over the Constitution, he asserted that the Supreme Court would become a source of massive abuse because they were beyond the control of \u201cboth the people and the legislature.\u201d Among the most insightful of the Anti-Federalists was Robert Yates, a New York judge who, as a delegate to the Constitutional Convention, withdrew because the convention exceeded its authority. Writing as Brutus in [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15],"tags":[3291,3290,1032],"class_list":["post-21177","post","type-post","status-publish","format-standard","hentry","category-news-and-politics","tag-judicial-branch","tag-kavanaugh","tag-liberty"],"_links":{"self":[{"href":"https:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/posts\/21177","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/comments?post=21177"}],"version-history":[{"count":0,"href":"https:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/posts\/21177\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/media?parent=21177"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/categories?post=21177"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.megalextoria.com\/wordpress\/index.php\/wp-json\/wp\/v2\/tags?post=21177"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}