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Three Strikes Against John Roberts
By: Reed R. Heustis, Jr.
July 30, AD 2005
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Before
the chairs were even warm on the night of July 19, 2005
when President George W. Bush nominated John Roberts for
the Supreme Court, Establishment organizations lined up
in lock step behind Roberts in an effort to ensure his
confirmation and to deceive millions. Many of
these organizations are "Christian" family institutions.
What are grassroots Christian voters to
think of Roberts? Most of them are gaga over
anything Bush does, and so it is no surprise that they
will likewise be duped into believing that Roberts is
somehow one of the "good guys."
In fact, a casual perusal of the list of
blind Bush/Roberts supporters reveals the Who's Who of
false opposition:
Focus on the Family,
American Center for Law and Justice,
American Family Association,
Family Research Council, and
Christian Coalition, just to name a few.
While most Christian voters are
beginning to understand their duty to get involved in
politics today, they unfortunately have not yet
developed any sense of discernment. Instead, they
are spoon-fed with countless lies by these Establishment
organizations, and then they regurgitate them as if they
were Gospel.
But just because organizations say that
something is "good" does not mean that it is so.
They need to be questioned.
While many tout Roberts as some sort of
an excellent choice for the Supreme Court, Roberts
actually fails the Three-Strikes-and-You're-Out test:
1. Does he understand the proper role of
the judiciary within the American Constitutional
framework?
2. Can Roberts be trusted to take the
correct principled stand on the Constitutional right to
life?
3. Does Roberts believe in the form of
government that the Constitution guarantees?
First Pitch: Role of the
Judiciary
On April 30, 2003 during his
confirmation hearing for the District of Columbia
Circuit, Illinois Senator Richard J. Durbin pointedly
asked Roberts what Roberts’ position is on the
abominable pro-abortion Roe v. Wade Supreme Court
decision. Roberts answered, “Roe v. Wade is
the settled law of the land. [I]t’s a little more than
settled. It was reaffirmed in the face of a challenge
that it should be overruled in the [Planned
Parenthood v. Casey] decision. Accordingly, it’s the
settled law of the land.”
Unfortunately, most lay voters will fail
to notice the startling admission here with regard to
Roe being the "settled law of the land." Then
again, most lay voters do not own a copy of their own
Constitution, let alone know what it says. [Readers can
get their own pocket Constitutions delivered delivered
directly to their home by clicking to:
http://www.reedheustis.com/m/constitution.htm ]
When reading Article I, Section 1 of the
Constitution, it becomes plainly clear that the Supreme
Court does not have any power to make law: “All
legislative Powers herein granted shall be vested in a
Congress of the United States, which shall consist of a
Senate and House of Representatives."
The last time I checked, the Supreme
Court was part of the judicial branch, not the
legislative branch. Even a lay voter can discern
that difference.
Ironically, Tony Perkins, president of
Family Research Council, proclaimed, “I believe that
Judge Roberts will strictly interpret the
Constitution and not legislate from the bench."
(emphasis added)
Poppycock!
If Roberts will strictly interpret the
Constitution, then why does he fail to interpret Article
I, Section 1 strictly? The most strict
interpretation of that section would exclude any
rationalization that Supreme Court decisions are somehow
“settled law.”
Here's a little secret for you.
That tiny three-letter-word that you find in Article I,
Section 1, "all," actually means exactly that:
all! A strict interpretation would mean the same.
Moreover, Perkins' statement that
Roberts "will not legislate from the bench" is totally
unintelligible in light of the fact that Roberts
implicitly believes that the bench may legitimately make
law. If Roberts totally rejected the idea of the
bench making law, then why in the world would he
consider Roe to be "settled law?" More
contradictory nonsense.
Strike One!
Second Pitch: Constitutional
Right to Life
Let’s face it: there is very little that
we know about Roberts on the issue of abortion in light
of the fact that he has very little paper trail.
Furthermore, he has hardly uttered any opinion
whatsoever on this subject, let alone others. In
fact, columnist
Ann Coulter brilliantly and humorously
pointed out last week “that Roberts has gone through 50
years on this planet without ever saying anything
controversial. That's just unnatural.”
How can pro-life voters trust Roberts to
be an ally? How can he be trusted to uphold the
Constitutional protections of life?
The only really solid tidbit upon which
to rely is a legal brief that Roberts wrote in the early
nineties stating that Roe had been erroneously decided.
However, in 1994 he then went out of his way to point
out publicly that as Deputy Solicitor General, these
"views as a commentator on those cases do not
necessarily reflect his views as an advocate for his
former client, the United States."
What is even more revealing is that
during that April 30, 2003 confirmation hearing for the
District of Columbia Circuit Court, Roberts stated,
“There’s nothing in my personal views that would prevent
me from fully and faithfully applying [Roe v. Wade
as] precedent.” (In other words, Roberts would
have no problem applying an unconstitutional precedent
that would result in the further butchering of unborn
babes in the womb.)
What an exciting nomination for pro-life
forces! How in the world can Roberts be trusted?
Let's imagine for just one moment that
you were an unborn baby who had the uncanny special
knowledge that a judicial confirmation battle was
brewing up here in the "real world." Knowing what
little there is to know on Roberts, isn't it true that
you would feel just a tad bit uneasy with the nomination
of Roberts? Or would you rely upon blind faith in
Bush like so many Christian voters do?
Strike Two!
Third Pitch: Form of Government
On July 19th, Roberts made a very brief
acceptance speech in which he said, “Before I became a
judge, my law practice consisted largely of arguing
cases before the Court. That experience left me with a
profound appreciation for the role of the Court in our
constitutional democracy and a deep regard for
the Court as an institution?" (emphasis added)
Most voters have been brainwashed by the
media and the socialist education systems that the
United States of America is somehow supposed to be a
democracy, and so they would have failed to zero in on
this canard. Presumably, a Harvard graduate like
Roberts would know the truth.
This then begs the question: How can a
Harvard graduate not be aware that the Founding Fathers
rejected democratic government? Were the
Federalist Papers never required reading? Was
the Constitution never taught?
On November 23, 1787, James Madison
wrote in Federalist No. 10, “… Democracies have
ever been spectacles of turbulence and contention; have
ever been found incompatible with personal security or
the rights of property; and have in general been as
short in their lives as they have been violent in their
deaths."
The Constitution of the United States
creates a republic, not a democracy. Article IV, Section
4 specifically mandates, "The United States shall
guarantee to every State in this Union a Republican Form
of Government," not a democratic form.
They didn't teach that at Harvard?
Doesn't Roberts own a copy of the
Constitution? Perhaps someone should send him one.
Either Roberts is just flat-out ignorant
of the Constitutional guarantees of republican
government, or worse, he deliberately ignores it.
Whatever the case may be, he is totally ineligible to
sit on the Supreme Court.
Strike three, you're out.
© AD 2005 The
Christian Constitutionalist, accessible on the web
at
www.ChristianConstitutionalist.com . All Rights
Reserved.
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