Wednesday, June 3, 2009

Sonia Sotomayor Vows To Rule According To The Law: But Which?

Today Sonia Sotomayor had her first "meet and greet" with the members of the Senate Judiciary Committee over her potential confirmation as the first Obama appointed Supreme Court Justice.

A press conference and condensed version of what occurred during this first meeting was held shortly thereafter, attended by some of the movers and shakers of both the Republican and Democratic parties.

Ms. Sotomayor appeared also to be all smiles, and the mainstream liberal media soon after issued their poll results that "over 50% of Americans support" Ms. Sotomayor's nomination.

She was appointed to the federal bench by the first Bush, in which there was very little scrutiny by Congress or the brouhaha that surrounds such matters as the appointment of a Supreme Court justice, due to the fact that they still remain in office for life, and there hasn't been a hearing or impeachment of a Supreme Court justice ever under the "good behavior" provisions in over 200 years due to the unlawful extension in 1805 during the Chase impeachment proceedings of extra-Constitutional provisions of judicial immunity for any and all actions in which a claim of "political bias" can be extended.

This was the second "political" usurpation along with Marbury vs. Madison by the judiciary, which then created an "unchecked" branch in this country, and again amended our Constitution without going through that formal amendment process - since "good behavior" clearly was intended to mean ruling by the judicial "seat of the pants," as it were and not the language or provisions as contained within our Constitution

The Jefferson Democrat/Republicans were then attempting to institute this "check" provision during Chase, and it has never again been used due to "politics" rather than "the Law," holding sway a mere 18 years after its signing. And now our Supreme Court has also become more and more political, and less and less Constitutional, by the decade.

And that historically has included, it appears, just about any and all Supreme Court rulings, even the increasingly off the wall ones, and has contributed to the judicial activism in their progressively extra-Constitutional renderings to this very day.

For the record and in order to claify Ms. Sotomayor's previous remarks in 2001 with respect to the infamous statement referring to her Latina heritage as qualifying her perhaps better than another justice who hadn't "lived the life she had," Ms. Sotomayor told senators she would follow the law as a judge without letting her life experiences inappropriately influence her decisions.

"Ultimately and completely, a judge has to follow the law no matter what their upbringing has been," Sen. Patrick Leahy, D-Vt., the Judiciary Committee chairman, quoted the nominee as saying in their closed-door session.

My question is, which "law" is she referring to? Our Constitution as the ultimate authority, or federal or even state statutes or their Constitutional provisions which may or may not be in accordance with it - since it is clear more and more that our Congress is not even reading a great many bills before they are voted on and passed due to various contrived "emergencies" (such as the Patriot Act, stimulus and bank bailouts), and a great many of those former statutes throughout the years are questionably in accordance with it.

Will we continue to desecrate it in the interests of "public policy" (socialism), "public safety" (also socialism), or the nebulous "state interests" (fascism and/or socialism) when it comes to American Bill of Rights issues for lawful American citizens?

Will we refuse to hear hot potato cases or issues within the Court's jurisdiction in order to protect political interests of one or the other mainstream political parties or their "corporate" interests?

Will Ms. Sotomayor consult our Constitution and various LAWFUL peace time treaties or trade agreements entered into and ratified BY CONGRESS when it involves international concerns, or opinions of college professors, law reviews and the ultimate transgression against our Constitution, international law?

Several justices, such as Ruth Bader Ginsburg and the now retired Sandra Day O'Connor are on record as stating that they believe that a Supreme Court justice should be afforded the right to consult international laws in rendering some of their opinons, even though "globalized" law was not at all the founders intent for the sovereign United States clearly due to the very reason for that Revolutionary War to begin with.

So I do hope that there is much more information released to the public and press with respect to Ms. Sotomayor's statements, than those that are now coming out of these press conferences, interviews with politicians, and the various press releases.

But I doubt it. In the piece Harry Reid, D-NV is quoted as stating that he had not read a single one of her opinions during her 17 years on the federal bench, and if all went as planned "would not have to do so."

I guess we know Harry's criteria is about "politics" and not about "the Law."

The fundamental question is, exactly which "ultimate" authority and law are you referring to, Ms. Sotomayor, since a great many of the sitting and former justices seem at this point with respect to both domestic and foreign issues to have been not simply confused, but truly unaware of the actual document which affords them the right to hold that lofty position.

http://enews.earthlink.net/article/top?guid=20090602/4a24a3c0_3ca6_15526200906021074699449




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