She will not protect the Constitution — or even live up to Sen. Durbin’s standard.
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Judge Sotomayor tried to walk back her earlier remarks when she testified. Nevertheless, her basic beliefs seem clear. In her foreword to The International Lawyer, published in 2007, she said: “the question of how much we have to learn from foreign law and the international community when interpreting the Constitution is … worth posing.” [Emphasis added.] It is not xenophobic to ask: why should international cases have any role in interpreting the Constitution?
The interpretation of the U.S. Constitution and law should be based on the intentions of the Americans who drafted and approved the measure at issue.
Sonia Sotomayor appears to be a decent person and a capable jurist. But her oft-expressed radical ideas and dismissive treatment of fundamental liberties suggest that she is likely to be a less measured justice than judge. The rule of law, and thus the original constitutional system based on individual liberty and limited government, would suffer. Average Americans of all backgrounds would be the ultimate victims.
Judge Sotomayor has not met Sen. Durbin’s burden of proof. The Senate should vote no on her appointment.
Mr. Bandow is a graduate of Stanford Law School and a member of the California and D.C. bars. This article is adapted from a talk for the Federalist Society.
A man of faith in a godless age is hitting Americans where it hurts.
Mr. and Mrs. American Spectator Reader, let P.J. O’Rourke talk sense to your kids.
In Britain, defending your property can get you life.
The debacle of this president’s administration is both a cause and a symptom of the decline of American values. Unless Congress impeaches him, that decline will go on unchecked. An eminent jurist surveys the damage and assesses the chances for the recovery of our culture.
It won’t take long for conservatives to scratch this presidential wannabe off their 2008 scorecard.
The American Christmas, like the songs that celebrate it, makes room for everybody under the rainbow. Is that why so many people seem to be hostile to it?
Was the President done in by the economy, or by the politics of the economy?