KAGAN TAKES THE FIFTH

"[In her confirmation hearings last week, Elena] Kagan did her best to say nothing, and her best was sufficient unto the day. She reduced the vapid to the insipid, as in an exchange with Sen. Tom Coburn over the limits of the Constitution's Commerce Clause -- written by the Founders to limit the power of the federal government and distorted by liberals, both on the Supreme Court and off, to enable the feds to expand the nanny state without limit. When Mr. Coburn asked whether Congress could enact a law requiring Americans to eat three fruits and three vegetables a day, Mzz Kagan replied: 'That sounds like a dumb law.' Mr. Coburn was trying to get at her view of the Commerce Clause, and got a wisecrack. Mzz Kagan then added that the courts would be wrong to strike down a dumb law just because it was dumb. What's not at all dumb about the question is that President Obama is relying on the Commerce Clause to defend his own dumb idea, the health care 'reform.' But not to laugh. The left is always eager to defend its dumb ideas. ... Since Mzz Kagan has never been a judge, we don't have a judicial record to measure her by, and we must rely on her vague answers to vapid questions and can only surmise, suppose and speculate. She sounds like a reliable liberal, ready to stand up for the law of the nanny, enforced by the rod of the state. We won't know for sure until it's time to bend over." --Washington Times editor emeritus Wesley Pruden

For the Record

"As the great Supreme Court Justice Oliver Wendell Holmes said, his job was 'to see that the game is played according to the rules whether I like them or not.' If the public doesn't like the rules, or the consequences to which the rules lead, then the public can change the rules via the ballot box. But that is very different from judges changing the rules by verbal sleight of hand, or by talking about 'weighing of the constitutional right to bear arms' against other considerations, as Justice Breyer puts it. That's not his job. Not if 'we the people' are to govern ourselves, as the Constitution says. As for the merits or demerits of gun control laws themselves, a vast amount of evidence, both from the United States and from other countries, shows that keeping guns out of the hands of law-abiding citizens does not keep guns out of the hands of criminals. It is not uncommon for a tightening of gun control laws to be followed by an increase -- not a decrease -- in gun crimes, including murder. Conversely, there have been places and times where an increase in gun ownership has been followed by a reduction in crimes in general and murder in particular. Unfortunately, the media intelligentsia tend to favor gun control laws, so a lot of hard facts about the futility, or the counterproductive consequences of such laws, never reach the public through the media. ... The media, like Justice Breyer, might do well to reflect on what is their job and what is the voting public's job." --economist Thomas Sowell

XXXXXXXXXXXXXXXXXXXXX