Text 16071, 48 rader
Skriven 2005-11-02 09:16:16 av BOB SAKOWSKI (1:123/140)
Ärende: Samuel Alito
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Samuel Alito is, without question, most certainly qualified for membership
on the Supreme Court based on his education and experience. He is also,
without question, less than desirable as an Associate Justice based on a
glimpse of his personal belief system which, his protestations to the
contrary have, can and will color his deliberations.

His comments regarding settled law are fine for an appellate judge but
surely he realizes that precedent, while certainly a desirable goal when
considering the continuity of the law, has not been sacrosanct in the
deliberations of the Supreme Court in the past.

Were that the case, blacks (and other people of color) would still be
nonentities without the right to vote or indeed, the right to be free.
Women would not have the right to vote and be relegated as little more than
chattel of their husbands. Indeed, only caucasion land owners would have
the right qualifications.

So please spare me the claims of "original intent" when it is painfully
obvious that a large portion of "original intent" descriminated against
large portions of the people then residing in the United States. As for
devining what the "original intent" of the Founders were, can anyone truly
say that they know, beyond question what another is thinking? It is
virtually impossible to know with any degree of certainty what your spouse,
significant other or best friend is thinking, let alone have any
significant insight into the thoughts and beliefs of the Founders based on
their anonymous writings and letters of the day.

Suffice it to say that if the Founders had intended the Constitution to be
a "finished" effort, not requiring further consideration they would not
have enabled a manner through which it could be modified.

As for the republican mantra of Alita deserves a fair up or down vote, I
would simply remind that it was they who torpedoed the Miers nomination.
Make no mistake about what they mean by "fair up or down vote" quite simply
they mean that as long as they are satisfied with the nominee then that is
all that matters.

Should Samuel Alito be confirmed as an Associate Justice? His experience
and education say yes while his interpretation of the law seem to indicate
otherwise. In any event, he deserves not only a hearing where his judicial
philosophy can be investigated but we the people and our elected
representatives in the US Senate deserves his answers to be totally
forthcoming and candid. Then, when he has answered every question to the
satisfaction of the senators, and the people, then and only then should his
nomination be sent to the floor of the senate for a fair up or down vote
and not one minute before!
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