I Beg To Differ

Before John Roberts was nominated for the bench many were suggesting that President Bush should pick someone who had never been a judge. They threw names around including the names of a few Senators who have not been judges. Some of those mentioned were not even lawyers. That was viewed as refreshing. The thought at the time was that this would give the bench a new perspective. A fresh, untainted view. My how things have changed.

George Bush has nominated Harriett Miers and everyone is going nuts. She is not qualified. She has never been a judge. She has no judicial writings for us to look at. Adam used his favorite all inclusive and said that everyone knows she is not qualified. My good friend Wayfarer is one who believes that she is not qualified. Now Adam is blaming it all on the Christians and saying that Bush chose her because she is a religious lady. I have no problem with that. I would rather have that than a Godless murder supporter. But in reality, if they are truly fit for the job their personal views will not get in the way of them deciding the law based upon the Constitution.

I think that my friends do not really mean she is not qualified. I think they mean that they do not know what her views are so they are unsure if she will be what they want in a justice. I know that my friends are mistaken because of a few things. Harriett Miers is as qualified, under the Constitution, as anyone else. The American people are not given the responsibility of deciding the qualifications, that belongs to the President.

Article II, Section 2 of the Constitution reads:

Clause 2: He (the President) shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

No where does it say that the person has to believe in certain things or have been a judge or have written papers. It says that the President will select them with the advice and consent of the Senate. The only qualification for a Supreme Court judge is that they shall hold their offices in good behaviour[sic]. I think that people who want a nominee who will uphold the Constitution should practice that expectation and realize that the nominee is qualified by that same Constitution that they want upheld. They do not have to agree with the selection but that does not negate the qualification.

As for those who are worried about her religion. The reason that the left worries about that is because the only issue that matters to them is abortion. I told you before Roberts was grilled that it would boil down to that issue and they banged on it. The left worries about that because they expect judges to be activists. That is how they get what they want. They worry though when a judge vows to uphold the law because they know that the Constitution does not say anywhere in it that abortion is a protected practice. I am absolutely positive that the Constitution does not say that taxpayers have to foot the bill for them. Declared legal or not, Medicaid and other assistance programs should not pay for abortions. This practice should go the way of erectile dysfunction drugs (that were paid for by Medicaid/Medicare). I will agree to taxpayer money paying to surgically sterilize the people who are on these programs so they will not have to worry about it.

The left is worried about Harriett Miers and her religious views and they are blaming her selection on the extreme Christians in government. I believe that it is good to have people of faith in positions such as this. Our founders were deeply religious people and if the left practiced some of the teachings then maybe they would not have to worry about defending the immoral actions of their candidates. This is not to say that Republicans are pure and clean. Plenty of them do bad things. But it is unlikely that those are the people, regardless of party, who are religious in the first place.

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One Response to “I Beg To Differ”

  1. The Wayfarer says:

    No, Big Dog, I mean SHE IS NOT QUALIFIED! I think you know me well enough to know that, while I may be a lot of things, a hypocrite is not one of them. We shouldn’t know how a judge will decide a case prior to a proper hearing. The Senate committee demorats (no, I didn’t forget the ‘c’) in their eternal quest to stack the courts in their favor are wrong for insisting on this knowledge. Nonetheless, work in criminal law, tort law, corporate law and/or international law do not qualify one to sit on the Supreme Court of the United States which deals with Constitutional law. A whole new ballgame.

    While I understand your point concerning what the constitution says, a president would never consider appointing a doctor, a CPA, a teacher, a grocery clerk, or a ditch digger to the SCOTUS for the same reason he should never have appointed Miers – no qualifications in the field of Constitutional law. No matter how excellent her qualifications in her chosen legal field(s), I do not believe she has any more than tangential experience in the areas in which she will be required to be an expert!

    Interestingly, Joseph Farah of WorldNetDaily GUARANTEES that she will withdraw her nomination prior to the beginning of confirmation hearings. Let’s hope so, it will give the president a chance to nominate someone who is qualified. We shall see.