If you don’t believe that, then you are simply ignoring reality and you are part of the problem.
Elena Kagan is an avowed leftist who, while Dean of the Harvard Law School, refused to extend to the U.S. Military the kind of recruiting facilities offered to others in direct contradiction of the federal law – all because she disagreed with the military’s “Don’t Ask, Don’t Tell” policy. She couldn’t tell Dr. Coburn during her Senate Judiciary hearing that there is any appreciable limit to the Commerce clause and she all but admitted she thinks the Constitution is whatever the judges believe it to be.
The Constitution has been abused for years by activist judges and the politicians who either appoint them or vote to confirm them, and as a result it is barely recognizable today. The courts have decided policy on matters of life and death (abortion and the death penalty), on the definition of marriage, on the rules of golf, on prayer in school and countless other issues on which the Constitution actually is silent and thus, should be left to the people.
Kagan will absolutely, unequivocally follow the mold of her mentor Thurgood Marshall who believed that “you do what you think is right and let the law catch up.” We know that. Therefore – if you vote for her, you do not believe in the U.S. Constitution. Period.
Republicans for too long have hidden behind the misguided idea that so long as a nominee has a fancy diploma and an impressive resume, he is “qualified” to be a judge. The idea that the nominee must demonstrate fidelity to the Constitution was perceived as a luxury, not a requirement. Fortunately since the days of Republicans only mustering 3 “no” votes against ACLU leftist Ruth Bader Ginsburg, the vast majority of Republicans will oppose Kagan as they did Sotomayor.
But not Judd Gregg. Not Lindsey Graham. Not Dick Lugar. Not the Bobbsey twins from Maine. No sir – they are perfectly content watching the Constitution get shredded right in front of their eyes while they go home and talk about how fair and objective they are.
Well rest easy good Senators… Today, you violate your oath to defend the Constitution of the United States.