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.

Terry Trobiani owns Gianelli's Drive Thru in Prairie Grove, Illinois, where he put up a row of American flags for the Fourth of July. But the city claimed he was displaying two of them improperly and issued him a $100 ticket for each flag.

Terry joined Glenn Beck on the radio program Tuesday to explain what he believes really happened. He told Glenn that, according to city ordinance, the American flag is considered "ornamental" and should therefore have been permitted on a federal holiday. But the city has now classified the flag as a "sign."

"Apparently, the village of Prairie Grove has classified the American flag as a sign and they've taken away the symbol of the American flag," Terry said. "So, as a sign, it falls under their temporary sign ordinance, which prohibits any flying, or any positioning of signs on your property — and now this includes the American flag. [...] The only way I could fly the American flag on my property is if I put it on a permanent 20 to 30-foot flagpole, which they have to permit."

Terry went on to explain how the city is now demanding an apology for his actions, and all after more than a year of small-business crushing COVID restrictions and government mandates.

"COVID was tough," Terry stated. "You know, we're in the restaurant business. COVID was tough on us. We succeeded. We made it through. We cut a lot of things, but we never cut an employee. We paid all our employees. I didn't take a paycheck for a year just to keep our employees on, because it was that important to me to keep things going. And, you know, you fight for a year, and you beat a pandemic, and then you have this little municipality with five trustees and a president, who just have no respect for small businesses. And right now, what I see is they have no respect for the republic and the United States ... I think it's terrible. The direction that government, at all levels, have taken us to this point, it's despicable."

Watch the video below to catch more of the conversation:


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The Biden administration is now doing everything it can to censor what it has decided is COVID-19 "misinformation." But Glenn Beck isn't confident that the silencing of voices will stop there.

Yeonmi Park grew up in North Korea, where there is no freedom of speech, and she joined Glenn to warn that America must not let this freedom go.

"Whenever authoritarianism rises, the first thing they go after is freedom of speech," she said.

Watch the video clip below from "The Glenn Beck Podcast" or find the full episode with Yeonmi Park here:

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Most self-proclaimed Marxists know very little about Marxism. Some of them have all the buzzwords memorized. They talk about the exploits of labor. They talk about the slavery of capitalist society and the alienation caused by capital. They talk about the evils of power and domination.

But they don't actually believe what they say. Or else they wouldn't be such violent hypocrites. And we're not being dramatic when we say "violent."

For them, Marxism is a political tool that they use to degrade and annoy their political enemies.

They don't actually care about the working class.

Another important thing to remember about Marxists is that they talk about how they want to defend the working class, but they don't actually understand the working class. They definitely don't realize that the working class is composed mostly of so many of the people they hate. Because, here's the thing, they don't actually care about the working class. Or the middle class. They wouldn't have the slightest clue how to actually work, not the way we do. For them, work involves ranting about how work and labor are evil.

Ironically, if their communist utopia actually arrived, they would be the first ones against the wall. Because they have nothing to offer except dissent. They have no practical use and no real connection to reality.

Again ironically, they are the ultimate proof of the success of capitalism. The fact that they can freely call for its demise, in tweets that they send from their capitalistic iPhones, is proof that capitalism affords them tremendous luxuries.

Their specialty is complaining. They are fanatics of a religion that is endlessly cynical.

They sneer at Christianity for promising Heaven in exchange for good deeds on earth — which is a terrible description of Christianity, but it's what they actually believe — and at the same time they criticize Christianity for promising a utopia, they give their unconditional devotion to a religion that promises a utopia.

They are fanatics of a religion that is endlessly cynical.

They think capitalism has turned us into machines. Which is a bad interpretation of Marx's concept of the General Intellect, the idea that humans are the ones who create machines, so humans, not God, are the creators.

They think that the only way to achieve the perfect society is by radically changing and even destroying the current society. It's what they mean when they say things about the "status quo" and "hegemony" and the "established order." They believe that the system is broken and the way to fix it is to destroy, destroy, destroy.

Critical race theory actually takes it a step farther. It tells us that the racist system can never be changed. That racism is the original sin that white people can never overcome. Of course, critical race theorists suggest "alternative institutions," but these "alternative institutions" are basically the same as the ones we have now, only less effective and actually racist.

Marx's violent revolution never happened. Or at least it never succeeded. Marx's followers have had to take a different approach. And now, we are living through the Revolution of Constant Whining.

This post is part of a series on critical race theory. Read the full series here.

Americans are losing faith in our justice system and the idea that legal consequences are applied equally — even to powerful elites in office.

Rep. Devin Nunes (R-CA) joined Glenn Beck on the radio program to detail what he believes will come next with the Durham investigation, which hopefully will provide answers to the Obama FBI's alleged attempts to sabotage former President Donald Trump and his campaign years ago.

Rep. Nunes and Glenn assert that we know Trump did NOT collude with Russia, and that several members of the FBI possibly committed huge abuses of power. So, when will we see justice?

Watch the video clip below:


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