Monday, October 31, 2005

Alito, and Kennedy

Alito's a fine choice, and everyone is itching for a fight. If we win, which I expect we will for various reasons, and he is confirmed, what then?

Well, then Anthony Kennedy will be the most important man in the United States. The man will have serious difficulty finding the time to turn down invitations to accept honorary degrees, because he can't go to 10,000 graduation ceremonies in one year. He will be swamped with speaking invitations. He will be the honored guest at so many soirees that tuxedo shopping will become his second occupation, because he's wearing them all out. And the funny thing is, all of this attention will come from both the left and the right.

And then the next questions is: what effect will all of this have on our squishy Justice Kennedy? I honestly don't know. The MSM treats the current appointment as the definitive swing in the balance of power toward the right, but I am not so sure. We may have increased the depth, consistency and sheer brainpower of the conservatives on the court, but have we actually swung it anywhere?

Friday, October 21, 2005

More Jefferson

Wow, if this isn't the most elegant case for Originalism, I don't know what is:

Thomas Jefferson:
"The Constitution on which our Union rests, shall be administered by me [as President] according to the safe and honest meaning contemplated by the plain understanding of the people of the United States at the time of its adoption--a meaning to be found in the explanations of those who advocated, not those who opposed it, and who opposed it merely lest the construction should be applied which they denounced as possible." "Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which may make anything mean everything or nothing at pleasure."

Jack Rakove - are you listening?