Category | Op Ed

Who cares about nunchucks?

Published on November 17, 2009 by Justin Hayes

In Judge Sonia Sotomayor’s confirmation hearing this summer, Senator Arlen Specter (Democrat - PA) spent quite a bit of time asking the judge whether or not she agrees that Supreme Court hearings should be televised. Senator Al Franken (Democrat - MN) spent most of his time praising her “terrific answers.” Senator Orrin Hatch (Republican - UT) asked about a case involving the legalization of nunchuck sticks.

Throughout most of the hearing there were only a few rough mentions of the Constitution or of specific provisions therein. When the Democratic Senators were not praising her achievements, many of the harder questions dealt with her jurisprudence, prior statements she made about her job, her prior rulings, her opinion on former Supreme Court cases and her take on specific policies. All of these are important questions, but should be of least priority for an appointment to the final stop for laws passed by Congress.

We need a new set of questions to ask those officials nominated by the President and confirmed by the Senate to top levels of the government. This includes Supreme Court justices, cabinet members and should include the President’s team of “special advisers” or “czars.” The questions will not be hard to come by as the founding fathers gave us a pretty good source -the Constitution.

Start with the basics. Do you believe that the Constitution is a good document? Do you believe that the founding fathers meant for the Constitution to hold firm to ensure the protection of our liberties from tyrannical government? Do you believe that the right to life, liberty and property are essential to a free society? If the nominee answers no to any of those questions, they should be dismissed immediately.

Question their beliefs on the articles in the Constitution. Do you believe the general welfare clause grants Congress the power to do anything it wishes as long as it benefits the country? Do you believe the necessary and proper clause is an affirmative grant of power for Congress to do as it wishes? Do you believe the President’s title of Commander in Chief allows him complete reign over foreign policy and national security? If the nominee answers yes to any of these questions, then he or she believes in an expansive federal government with little constraint and should
be reconsidered.

Question their views on the Bill of Rights. Do you believe it is acceptable to curtail the freedom of speech if it goes against the public good? Do you believe it is tolerable to establish a state religion or abolish religion? Do you believe the government should regulate the press to keep it fair and out of corporate hands? Are there limitations to the people’s right to assemble peacefully or protest? If the nominee answers yes to any of these questions, the candidate believes that the people should have little check on government power.

Do you believe that the right to bear arms only protects the right to form a militia? Do you believe that warrantless searches and seizures are sometimes justified in the name of national security? Do you believe that cruel and unusual punishment is sometimes justified? If they answer yes to these questions, the nominee believes in an expanded role of the state as a police power rather than a protector of liberties.

Finally, question their view on state’s rights and latter amendments. Do you believe that the 10th Amendment reserves all rights denied to Congress to the states and the people? Do you believe that the 17th Amendment undermines the role of the state governments in the federal government by taking away their representation in the Senate? If they have no problem with overstepping the 10th Amendment or taking away state power, then the nominee obviously has no understanding of federalism and its function in our republic.

There should be no more beating around the bush with the officials of our government. They should believe in and protect the Constitution with unwavering certainty. They should believe in our natural freedoms and rights. They are not up for debate, and anyone who contests these rights is not fit for a position in our government.

Agree? Disagree? Call into The Gerb Report, Thursdays from 7-9 p.m. Listen at ksuradio.com and discuss at 678-797-2665.