Observations of an Irishman: 6 things the new justice SHOULD say, but likely won't

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Last Monday night, President Donald Trump announced Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court. Over the coming weeks, we will get to witness a circus with politicians and the media competing with each other to see who can say the most outrageous thing about the candidate nominated and highlight who they would have nominated. We will then witness the main event – the hearings in the Senate where Kavanaugh will be asked questions with an agenda and a bias. Below are 6 things he (or any future nominee) should say, but will he?

Ideology

The folks in media on BOTH sides are looking for a nominee who shares their ideology. Our friends on the left want a nominee who is liberal and many of our friends on the right want a nominee who is a conservative. As the next Justice of the Supreme Court, I state clearly that while I have my own personal ideology and belief system, I will leave it at the door of the Supreme Court when I am working.

The idea of a Justice having and ruling with an ideology is wrong and not part of the job description – my job is to review cases, listen to all arguments and base my sole decision on whether the case is constitutional or not. My own opinions are irrelevant and at times may involve me ruling against my personal opinion.

Loyalty

Loyalty is a big word in politics and politicians love to demand it from people they help and nominate. As the next Justice, I should state I have no loyalty to any party, any ideology, or to any President; even to President Trump who nominated me. MY loyalty only belongs in one place – that is in the Constitution and in the oath I will take on a successful appointment, which in part reads:

I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same.

Loyalty to anything but the Constitution is going against the wishes of America's founders and not part of my job description.

Role of Government

During any confirmation hearing, you will hear questions from politicians who will bring up cases and prior rulings to gauge what side of the issue they share and to see how they rule. Would Kavanaugh show the courage to highlight the Constitution and remind those in the hearing that he won't always rule on their side, but he will enforce the Constitution that is violated on a daily basis by Congress? He should use the opportunity of a hearing to remind this and future governments that the Constitution calls for three co-equal branches of government and they all have very different roles on responsibilities.

The Constitution is very clear when it comes to the role of Congress – there are 18 clauses under Article 1, Section 8 of the Constitution which grants certain powers to the legislature and everything else is to be left to the states. If Congress passes a law that is not covered under those 18 clauses, would he vote against it and define it as unconstitutional? Likewise, the Constitution is very clear when it comes to the role of the Presidency. The role of the President has grown un-Constitutionally since President John Adams and 1797 Alien & Sedition Act. If any President acts outside the clear boundaries of Article 2, or decides to pass laws and act without Congress, would he vote against it and define it as unconstitutional?

Damaged Constitution

Will Kavanaugh point out one of the worst rulings of the Court - the ruling of Marbury v Madison in 1803? This increased the power of the Court and started the path of making the Court the sole arbiter and definer of what is and is not constitutional. We saw this with President Bush when he said (around 2006/2007) that we should just let the Supreme Court decide if a bill was Constitutional or not.

This is not the government America's founders had in mind.

Every two, four, and six years, new and returning members of Congress take an oath of office to preserve, defend, and protect the Constitution of the United States. Every member of Congress, the President, and the nine justices on the Supreme Court hold a duty and responsibility to decide on whether a bill is Constitutional or not.

America's founders were very clear about having three co-equal branches of government.

America's founders were very clear about having three co-equal branches of government. It's time members of Congress and the President start to take their oaths more seriously and the people demand they do.

It is wrong for someone to abdicate their responsibility but it also puts Americans in danger of tyranny as the Supreme Court has gotten many decisions wrong including the cases of Dred Scott, Korematsu and Plessy v Ferguson.

Decision Making

If you have ever listened to any argument before the Supreme Court, or even read some of the decisions, you will notice two common threads. You will notice the Constitution is rarely mentioned or discussed but what we call precedent or prior case law is discussed the most.

Will Kavanaugh clearly state that while he will listen to any and all arguments made before him and that he will read all the rulings in prior cases, they will only play a very small part in his rulings? If a law violates the constitution, should it matter how many justices ruled on it previously, what precedent that case set, or even what their arguments were? Would he publicly dismiss this and state their decisions will be based largely on the actual Constitution and the intent behind our founder's words?

Role of SCOTUS

Lastly, will Kavanaugh state that there will be times when they have to make a ruling which they personally disagree with or that will potentially hurt people? Despite modern thinking from people like Chief Justice Roberts, it is not the job of a Supreme Court Justice to write laws.

The sole job is to examine laws and pass judgment on their Constitutionality. A law can be passed in Congress and can have the best and most noble intentions, but those feelings and intent are irrelevant if it violates the Constitution.

Conclusion

When you watch the media over the coming weeks, how many of these points do you think will be debated on either side? When you watch the confirmation hearings, do you think Brett Kavanaugh will make any of these points?

Lastly, put yourself in the Oval Office. If you knew someone would make these points, would you nominate them? Would your friends and family?

Jonathon hosts a weekly one hour show exclusive to the Blaze Radio Network called Freedom's Disciple where he highlights the IDEA of America, promotes the eternal principles of freedom & and shares his passion of America's Founding documents. Please check out his show for FREE here.

TRUMP: The twilight hour of socialism has arrived

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The other day, at Florida International University in Miami, facing large American and Venezuelan flags, President Trump gave a rousing speech in Miami, including this line, the "twilight hour of socialism has arrived."

Trump went on to say:

Socialism is about one thing only—power for the ruling class. They want the power to decide who wins and who loses, who's up and who's down…and even who lives and who dies.

He then repeated a phrase that helped define his State of the Union address this year:

America will never be a socialist country.

Fittingly, Fox News posted an article yesterday exposing the overlooked evils of Che dangers of socialism that all too often disappear behind a flashy design on a t-shirt.

  1. Guevara said he killed people without regard to guilt or innocence. In an interview, Guevara said, "in times of excessive tension we cannot proceed weakly. At the Sierra Maestra, we executed many people by firing squad without knowing if they were fully guilty. At times, the Revolution cannot stop to conduct much investigation; it has the obligation to triumph."
  2. Humberto Fontova, author of "Exposing the Real Che Guevara," told Fox that Guevara created system that put gay people in labor camps. "The regime that Che Guevara co-founded is the only one in modern history in the Western Hemisphere to have herded gays into forced labor camps."
  3. Guevara opposed a free press: "In 1959, leftist journalist José Pardo Llada reported that Guevara told him: 'We must eliminate all newspapers; we cannot make a revolution with free press. Newspapers are instruments of the oligarchy.'"
  4. Guevara made racist statements: Guevara went on to write: "the black is indolent and a dreamer; spending his meager wage on frivolity or drink; the European has a tradition of work and saving."

These are just some of the many historical examples of the failure of socialism. President Trump is right. If the frivolities of Alexandria Ocasio-Cortez and Bernie Saunders catch on and spread, we could have an unbelievable problem on our hands.

Poor Jussie: His narrative is falling apart completely

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Here's how the media works now: Find a story that confirms their narrative, run it constantly and relentlessly. When the real story comes out, minimize exposure of the correction. Repeat.

We're seeing this pattern play out over and over again.

RELATED: John Ziegler isn't buying what Jussie Smollett's selling either

Here are some of the knee-jerk reactions that the media had to this Jessie Smollett hoax, from Insider Edition, CNN, E! News, Headline News, CNBC, TMZ, to name a few:


Montage: Watch the Media Uncritically Accept Another Outlandish 'Hate Crime' youtu.be


And those are just the reactions on TV. It was just as bad, at times worse, in print and online. I'll give you one special example, however. Because, you know the situation is bad when TMZ is connecting the dots and seeing through this guy's story:

The sources say there were red flags from the get go. Cops were extremely suspicious when Jussie took them out to the area where he said he was attacked and pointed to an obscure camera saying how happy he was that the attack was on video. Turns out the camera was pointing in the wrong direction. Cops thought it was weird he knew the location of that camera. And there's this. We're told investigators didn't believe the 2 alleged attackers screamed 'This is MAGA country' because 'Not a single Trump supporter watches 'Empire.''

Here's the man himself, in an interview just days after the alleged beating…I'm sorry, the alleged "modern day lynching." Here he is in an interview with ABC News, complaining about people making up stuff:



Strong words, spoken by a man who, allegedly, created the whole narrative to begin with.

This compromise is an abomination

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Three decades ago, "The Art of the Deal" made Donald Trump a household name. A lot has happened since then. But you can trace many of Trump's actions back to that book.

Art of the Deal:

In the end, you're measured not by how much you undertake but by what you finally accomplish.

People laughed when he announced that he was running for President. And I mean that literally. Remember the 2011 White House Correspondents' Dinner when Obama roasted Trump, viciously, mocking the very idea that Trump could ever be President. Now, he's President.

You can't con people, at least not for long. You can create excitement, you can do wonderful promotion and get all kinds of press, and you can throw in a little hyperbole. But if you don't deliver the goods, people will eventually catch on.

This empire-building is a mark of Trump.

RELATED: 'Arrogant fool' Jim Acosta exposed MSM's dishonest border agenda — again.

The most recent example is the border wall. Yesterday, congress reached a compromise on funding for the border wall. Weeks of tense back-and-forth built up to that moment. At times, it seemed like neither side would budge. Trump stuck to his guns, the government shut down, Trump refused to budge, then, miraculously, the lights came back on again. The result was a compromise. Or at least that's how it appeared.

But really, Trump got what he wanted -- exactly what he wanted. He used the techniques he wrote about in The Art of the Deal:

My style of deal-making is quite simple and straightforward. I aim very high, and then I just keep pushing and pushing and pushing to get what I'm after.

From the start, he demanded $5.7 billion for construction of a border wall. It was a months' long tug-of-war that eventually resulted in yesterday's legislation, which would dedicate $1.4 billion. It would appear that that was what he was after all along. Moments before the vote, he did some last-minute pushing. A national emergency declaration, and suddenly the number is $8 billion.

Art of the Deal:

People think I'm a gambler. I've never gambled in my life. To me, a gambler is someone who plays slot machines. I prefer to own slot machines. It's a very good business being the house.

In a rare show of bipartisanship, Senate passed the legislation 83-16, and the House followed with 300-128. Today, Trump will sign the bill.

It's not even fair to call that a deal, really. A deal is what happens when you go to a car dealership, fully ready to buy a car, and the salesman says the right things. What Trump did is more like a car dealer selling an entire row of cars to someone who doesn't even have a licence. When Trump started, Democrats wouldn't even consider a wall, let alone pay for it.

Art of the Deal:

The final key to the way I promote is bravado. I play to people's fantasies. People may not always think big themselves, but they can still get very excited by those who do. That's why a little hyperbole never hurts. People want to believe that something is the biggest and the greatest and the most spectacular. I call it truthful hyperbole. It's an innocent form of exaggeration—and a very effective form of promotion.

He started the wall on a chant, "Build the wall!" until he got what he wanted. He maneuvered like Don Draper, selling people something that they didn't even know they wanted, and convincing them that it is exactly what they've always needed.