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Tags: judiciary | life | liberty

Ketanji Brown Jackson a Clear and Present Danger to the Constitution

senator ted cruz republican of texas

Sen. Ted Cruz, R-Texas, interrupts the confirmation hearing of U.S. Supreme Court nominee Judge Ketanji Brown Jackson on Capitol Hill, March 23, 2022 - Washington, D.C. Cruz asked Committee Chairman Dick Durbin to enter a letter signed by 10 GOP senators into the record requesting additional information. (Drew Angerer/Getty Images)

Michael Dorstewitz By Monday, 04 April 2022 10:10 AM EDT Current | Bio | Archive

The record of Judge Ketanji Brown Jackson, President Biden’s pick to replace retiring Justice Stephen Breyer on the Supreme Court, is horrifying to pro-lifers and anyone who wants to protect children from predators.

But her lack of an opinion regarding natural or unalienable rights should disqualify her from ascension to the Supreme Court, given that it’s the Constitution’s ultimate guardian.

Republican members of the Senate Judiciary Committee recently submitted written questions to Jackson, and her answers to those questions supplemented her testimony in front of the committee.

Answers to two questions about "natural" or God-given rights asked by Sen. Ted Cruz of Texas and published on page 79 drew particular fire late last week:

"15. Please explain, in your own words, the theory prevalent among members of the Founding Fathers’ generation that humans possess natural rights that are inherent or inalienable.

"RESPONSE: The theory that humans possess inherent or inalienable rights is reflected in the Declaration of Independence, which states: 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.'

"16. Do you hold a position on whether individuals possess natural rights, yes or no?

"RESPONSE: 'I do not hold a position on whether individuals possess natural rights.'"

Her claim that she has no opinion "on whether individuals possess natural rights" is jaw-dropping. "This is stunning," said Cruz.

Unalienable rights are those that are not transferable or capable of being taken away or nullified by the government.

Her answer makes it possible that she may later conclude that government grants fundamental human rights to American citizens, and anything given by the government is free to be taken away by that same government.

From the phrase "Life, Liberty, and the pursuit of Happiness" defined by the Declaration of Independence as unalienable rights, we can derive an extended list of specific unalienable rights.

According to Legal Dictionary:

"the list [of such rights] is extensive, and the following are but a few:

  • To act in self-defense
  • To own private property
  • To work and enjoy the fruits of one’s labor
  • To move freely within the county or to another country
  • To worship or refrain from worshipping within a freely-chosen religion
  • To be secure in one’s home
  • To think freely"

The first example guarantees "Life."

The next two protect "the pursuit of Happiness." The final four protect "Liberty."

And many those specific, fundamental human rights listed above are among those set forth in the Bill of Rights — the first 10 Amendments to the Constitution.

Yet there have been calls to throw out or at least restrict our Second Amendment right to keep and bear arms. Some want to carve out exceptions to the First Amendment freedom of speech for such things as "hate speech" — anything that offends others.

Elie Mystal, the far-left "Justice correspondent" for The Nation, said during an appearance on ABC's "The View" last month that "The Constitution is kind of trash."

During an earlier appearance on Pix11’s "Law & Liberty," he said that "If we could throw [the Constitution] out and start with a new document that was more inclusive of everybody” why then "I’d be all for that."

The first three words of the U.S. Constitution are "We the People," which appears to take in pretty much everyone. What’s so non-inclusive about that?

As for Judge Jackson, Richard Grenell, who served as the U.S. Ambassador to Germany and Acting Director of National Intelligence in the Trump administration said he’d be a "No" if he were on the Senate.

"We have God given rights as humans. he continued. "Reject this radical nominee."

Nonetheless, Sen. Joe Manchin of West Virginia, the most likely Democrat no-vote, indicated he would vote to confirm her. On the Republican side, Sen. Susan Collins of Maine also announced she would vote to confirm Jackson.

Other possible Republican votes to confirm could come from Sens. Lisa Murkowski of Alaska and Mitt Romney of Utah.

Another GOP senator, Lindsey Graham of South Carolina, voted for her confirmation to the Court of Appeals for the D.C. Circuit last year, but this is a whole new ballgame.

For a Supreme Court nominee to suggest that she might be open to the belief that fundamental rights are granted to the people by a government that therefore has the inherent power to take them away makes her a clear and present danger to the Constitution.

That belief runs contrary to American values and should disqualify her from consideration.

Michael Dorstewitz is a retired lawyer and has been a frequent contributor to BizPac Review and Liberty Unyielding. He is also a former U.S. Merchant Marine officer and an enthusiastic Second Amendment supporter who can often be found honing his skills at the range. Read Dorstewitz's Reports — More Here.

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MichaelDorstewitz
For a Supreme Court nominee to suggest that she might be open to the belief that fundamental rights are granted to the people by a government that therefore has the inherent power to take them away makes her a clear and present danger to the Constitution.
judiciary, life, liberty
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2022-10-04
Monday, 04 April 2022 10:10 AM
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