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Friday, October 21, 2005

Pull Miers and Debate Originalism

I agree with Charles Krauthammer that the Miers nomination was an attempt to backdoor liberals with a person with no paper trail to attack that Bush knows has a conservative (but maybe not an originalist) judicial philosophy. The "face saving" out for Bush is the subpoena of her papers regarding advice and conversations she has given her number one client- Bush.

Then,

The Senate cannot confirm her unless it has this information. And the White House cannot allow release of this information lest it jeopardize executive privilege.

Hence the perfectly honorable way to solve the conundrum: Miers withdraws out of respect for both the Senate and the executive's prerogatives, the Senate expresses appreciation for this gracious acknowledgment of its needs and responsibilities, and the White House accepts her decision with the deepest regret and with gratitude for Miers' putting preservation of executive prerogative above personal ambition.

Just as I want to see 50 states honor their citizens' opinions on policy matters, I want 100 senators to publicly advise us where they stand on consitutional interpretation. So, Bush should just pull Miers and nominate a Bork-type judge. Let the nominee's candor on the crucial issue of judicial intyerpretation be discussed, debated and mocked in the public square. We do not need justices deciding cases on policy, end-result analysis. That is for the legislature. I think there is a Senatorial majority for that philosophy. I think there is a national consensus as well.

8 Comments:

At 2:46 PM, Anonymous Anonymous said...

Is the Ninth Amendment an inkblot?

 
At 2:54 PM, Anonymous Anonymous said...

alluding to robert bork's famous statement regarding the ninth (madison's not beethoven's contribution)?

 
At 3:06 PM, Anonymous Anonymous said...

How do "originalists" seek to apply the 14th amendment? Especially in relation to the 9th?
Obviously, Griswold has to be discussed one way or another. Didn't Justice Roberts recently acknowledge during the Senate hearings that a right to privacy exists. At least in vague terms he assented to this view? I'd like some others to comment in addition to Neal Phenes himself, though Neal's comments are always welcomed and valued. Bill from the Tank

 
At 4:00 PM, Anonymous Anonymous said...

Who were the orignalists at time of passing of the 14th?

 
At 2:03 PM, Anonymous Anonymous said...

Some debate herein.

Oh, well.

 
At 10:05 PM, Anonymous Anonymous said...

Enjoyed a lot! »

 
At 4:11 AM, Anonymous Anonymous said...

That's a great story. Waiting for more. Dental medical insurance us

 
At 7:03 AM, Anonymous Anonymous said...

Enjoyed a lot! »

 

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