WASHINGTON: Why does Congress have hearings for people only to parade them through Senate Judiciary Committee-chaos? All for the examination as to their qualifications. The Supreme Court Justices certainly require more than an educated person. As we see with all our Supremes, there is a certain gravitas of intelligence.
The Senators examining SCOTUS nominee Judge Brett Kavanaugh are exhibiting virtually no intelligence at all.
The show must go on
It has been a monstrous show with lights, cameras, bureaucratic senators and something called Democrats who are at best a gang of silly high school backsliders. The Republicans are simply there to demonstrate that no hearings matter.
They believe that if they can find the right legal scholar the original constitution with its original intent will live in the hearts of all men (and women, of course).
The right judge will be righteous. The absence of knowledge by all others is astounding. And inconsequential.
The Constitution leads the discussion
The constitution is only a few thousand words. The Ten Commandments, at 172, are even fewer. But the show goes on searching for an expertise beyond the mere mortal coil.
We are led to believe that only a select few are capable of identifying that Supreme worthy individual. An individual capable of understanding, extolling and of course interpreting the Constitution.
At the very Philadelphia convention where it was to be drawn up, the Constitution and was passed with less than the unanimous consent required by law under The Articles of Confederation. It was rejected by some, like Patrick Henry because, says he, “I smell a rat.”
Sadly, for a variety of reasons, the more national concept, rather than federal concept, of the Federalist Papers and their authors gave us what we have: a government with checks and balances on itself but not checked by the people. At least that has been the outcome.
The Conformation of Brett Kavanaugh
The so-called “legal scholars” whose opinions we seek or that the president might consider as a Supreme Court Justice may have no more understanding of the Constitution than any other. In any event, these “scholars” interviewed by the committee indicate less than an average education. However, the nominee is far brighter than the majority of the interviewers.
Though often both sides are referred to as the “best and brightest.”
Senator Sasse leads Several Dwarfs in the questioning
Senator Sasse, a Republican, has a Ph.D. in history. In questioning Judge Brett Kavanaugh he tried to revive the old faux-saw about George Washington and the people’s desire to make him a king. For the record, the story is a myth but so is most of historical- political blather these days.
Judge Kavanaugh spun away from Sasse’s point without contradicting the king story. The assumption being Kavanaugh does not know the tale and dove into his own lack of historical foundation on something of a separate issue.
Judge Kavanaugh claimed every “significant” war has had congressional authorization. He hopped and skipped through a few wars that supposedly had ”authorization”. Those would be the War of 1812, the 20th and 21st-century Mideast wars.
But then there was those pesky Banana Wars
Judge Kavanaugh did mention the Korean War, at least he did not forget it. But the Judge skipped its illegal commencement as well as The War Between the States, aka The War to Prevent Southern Secession.
I don’t believe Judge Kavanaugh specified what an insignificant war was. And Senator Sasse offered no help with his Ph.D. boatload of knowledge. Though he did appreciate being called a “nerd,” says he.
But then Judge Kavanaugh was being quizzed on his abilities as a legal scholar, not as a student of history. He stumbled with the war business. But then most “scholars” of the broadly accepted disciplines that such scholars as Patrick Henry might have studied.
The good judge, of course, was being questioned on his qualifications as a potential judge for a seat on (a generic quote by many) the “highest court in the land.”
This is rubbish of course as the Supreme Court is actually the lowest court in the land –wherever this land is. It is simply an appellate court, therefore, it doesn’t review any facts only those of law. Secondly, it hears relatively few cases. It gets the highest court label due to the would-be Blackstone buffoons not understanding the meaning of appellate courts nor the federal system in the first place.
Blame it on Marbury vs Madison
This stumbling block is a result of Marbury vs Madison. The bottom line was that William Marbury took his case directly to the Supreme Court in opposition to James Madison who was Secretary of State at the time. Madison refused Marbury’s appointment by President John Adams. At the time, the Supreme Court ruled that they were, in fact, an appellate court and Marbury had no standing in their court. This in spite of The Judiciary Act of 1798.
The important concept taken from whole cloth was that the Supreme Court became the final word in law that ever came out of the newly founded federal constitution. This logic has befuddled true federalists ever since.
If you need to be a Supreme to understand the law, what’s up with juries
If the law is so complex, erudite and perfected in understanding by only a limited few, why did it ever allow for juries to be selected from the basic flotsam of humanity? Which would be, constitutionally, an impartial jury not a peerage one.
What must they think when suddenly they are called for jury duty? For a pittance of 10 or 20 dollars a day, they sit before “legal scholars” who are paid a few hundred dollars an hour. Overlorded by judges who are the “finest legal minds.”
The people be damned.
The jurors are just window dressing. The government governs itself. But Senator Sasse and Judge Kavanaugh certainly know about kings and wars.
Hours and hours and dollars and dollars are spent on politicians preening while interviewing the concomitant apolitical judges required by the Constitution. Neither the judge nor the politician are historically enlightened. Even worse, some interviewers are even less knowledgeable. Not to mention their impolitic and juvenile interrogations.
And the hoax goes on and on.
And Lois Learner gets a stay-out-of-jail pension without “the best and brightest” saying a damn thing!