I sent the following email to President Bush.
Dear Mr. President: We are not under the rule of Law. We are under the rule of a Constitution. You swore an oath to defend it. Remember?
And any candidate for appointment to the Supreme Court needs to answer only two questions.
This person needs to say yes, the Constitution provides the framework for all our law; yes, the intent of the Constitution should be the basis for all Supreme Court decisions.
Is the intent of the Constitution that clear?
The men who fought the Revolution and met together to forge a new kind of government for their fledgling country had differences on the details but were united on the whole. They never wanted to see again any form of government in which they had no representation and no power.
Accordingly they created, to put it simplistically, a watchdog government. The three functions of government were separated with each branch to act as a check on the others. And the every two-year election for Representatives provides the check on the whole government structure by we the people.
If you read the ten first Amendments which define our protections as individuals, you will note that each one of these is concerned quite specifically with what your government may not do to you as an individual.
The Preamble states very clearly the general intent: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
The test of all law coming before the Supreme Court should be whether that law is doing something that the ten first Amendments say specifically it shall not do to any one of us and/or whether it curtails the individual liberty, the right of personal choice for our lives, of each one of us.
There is today a whole range of obfuscating notions about the Supreme Court with which a commentary for Brooke Shield’s radio program for July 22nd On The Media deals far more effectively than I can, and I urge you to listen to it.