The Tea Party Express, a division of Our Country Deserves Better PAC, has rolled out its “guidelines,” or initial talking points, for the nomination of Elena Kagan for the Supreme Court.
Technically, the group has taken no position on Kagan herself, saying that the group is in a “fact-gathering mode.” But their guideline principles lay out a set of rules about smaller government, and the message should be clear. For example: “Judges must understand that the Federal government has no power if the Constitution does not explicitly provide it.”
The between-the-lines message: The new health care reform law should be declared unconstitutional.
Five Constitutional principles to use as guideline for nominating a Supreme Court Justice:
1. Judges must interpret the Constitution of the United States as written.
2. Judges must not use their positions to replace the text of the law and Constitution of the United States with their own personal feelings or experiences.
3. Judges must understand that the Federal government has no power if the Constitution does not explicitly provide it.
4. Judges must respect the delicate checks and balances and the separation of powers among the branches of government.
5. The Constitution is an American document, and declares that it shall be “the Supreme Law of the Land.”
With Commentary:
1. Judges must interpret the Constitution of the United States as written and not attempt to modify it, either by inventing new rights or by ignoring or diluting rights already there. The Constitution already provides an amendment process that gives that power to the people and their elected officials.
2. Judges must not use their positions to replace the text of the law and Constitution of the United States with their own personal feelings or agenda or “life experiences.” Nor should they allow empathy, political favor, or political identification to affect their legal decisions. To do so is to engage in judicial activism.
3. Judges must understand that the Federal government has no power if the Constitution does not explicitly provide it. The Founders did this to maximize personal and economic liberty. The Constitution reserves all other rights to the states and to the people.
4. Judges must respect the delicate checks and balances and the separation of powers among the branches of government, refusing to become a tool of either the Legislative or Executive branches, and they must be prepared to uphold their oaths by refusing to follow any efforts of the other branches that oversteps their constitutionally delegated powers.
5. The Constitution is an American document, and declares that it shall be “the supreme Law of the Land.” Foreign law has no place as precedent or authority in the interpretation of the Constitution.
Eric Kleefeld
Eric Kleefeld joined TPM as an intern for the final months of the 2006 midterm elections, and then kept showing up for work. His other interests include guitars, old comic books and the politics of various English-speaking countries.
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