August 08, 2005

Faith Versus The Constitution: A False Conflict

Printer Friendly

"Meet the Press" featured a debate between Professor Douglas Kmiec and former New York Gov. Mario Cuomo concerning whether Supreme Court nominees should be questioned about their religious beliefs.

Perceptive viewers of the debate could see that the real issue wasn't so much the nominees' religious beliefs but the proper role of the courts under the Constitution.

But first, some context. The reason Tim Russert was even hosting such a debate is that a story has been circulating -- based on a column by law professor Jonathan Turley -- that Judge Roberts told Sen. Durbin he would have to recuse himself in cases where the Constitution conflicted with his Catholic faith.

I don't believe Roberts made such a statement, though I don't doubt Durbin told Turley he did. In any event, the White House has assured us that if confirmed, Roberts would not allow his faith to conflict with his sworn allegiance to the Constitution.

Such assurance has not satisfied those zealots devoted to purging Christianity from the public square. Some of them are so mindlessly committed to privatizing religion they don't even believe members of the legislative or executive branches should permit their religious beliefs to inform their policy views. But the idea that a faithful Catholic Supreme Court justice might defer to the pope ahead of the Constitution drives them mad.

In fairness, though, I have to agree -- as does Justice Antonin Scalia, by the way -- that a justice shouldn't let his faith interfere with his duty to uphold the Constitution. My belief is grounded in my respect for the Constitution and the limited role the judiciary is assigned under it: interpreting, not making, law

The Left's fears over Roberts' Catholic faith, on the other hand, proceed not from their reverence for the Constitution, but chiefly from their violent objection to a particular article of the Catholic faith: that abortion is an egregious sin.

If they believed Roberts were a pro-abortionist, they wouldn't demand his allegiance to the Constitution, as written, because Roe v. Wade's judicial sanctioning of abortion would not have been possible by a Court remotely deferential to the Constitution. Indeed, the Left's loyalty isn't to the Constitution, but to certain policies that have been grafted into it by liberal activist judges who, in the process, have exhibited an abiding disrespect for the document.

If everyone shared the strict constructionists' judicial philosophy, concerns over how a judge's faith might influence his decisions would be moot, because strict constructionists don't make policy.

To demonstrate how this would play out in practice, strict constructionists, irrespective of their personal views on abortion, would conclude there is no federal constitutional right to an abortion and that the legality of abortion should be left to the states. Thus, strict constructionist Supreme Court justices, being effectively neutral on the policy of abortion, would not -- on the basis of a mythical constitutional privacy right -- vote to invalidate state laws that either legalized or outlawed abortion.

But it is axiomatic that those who don't play by the rules are always suspicious that the other side won't either. Since liberals have routinely exploited the judiciary to implement their policy agenda they fear conservative-oriented judges might do the same. Actually, they're horrified at the prospect that conservative judges might simply reverse precedent established through liberal activism, such as Roe.

Mario Cuomo gave voice to this liberal fear during the debate. Kmiec asserted that Pope John Paul II's admonition to public officials to work legislatively to limit abortion did not apply to judges, because they are not legislators. Cuomo vehemently disputed this, saying, "The law today, as we all know, is Roe against Wade. That was made by judges and it can be overturned by judges. To say that the [pope's] rules that apply to legislators shouldn't apply to judges is, it seems to me, wrong."

Quite a damning admission by Cuomo. That he so adamantly rejected the legislative-judicial distinction reveals that he fully embraces the idea that courts are a third policymaking branch.

Ironically, it is only nominees of the type Cuomo would prefer -- liberal activists -- whose faith or lack thereof, might influence their decisions on the bench, because they would not consider themselves strictly relegated to a law-interpreting function.

So perhaps we should suggest to Gov. Cuomo and his ilk that instead of inquiring about the nominee's faith, senators should seek to determine whether he is an activist or strict constructionist. If he's a strict constructionist, his religious and political views should be deemed off limits as irrelevant.

But if he is found to be an activist -- liberal or conservative -- he should be summarily disqualified because his activism will inevitably conflict with his required oath to uphold the Constitution.

Posted by David Limbaugh at August 8, 2005 08:04 PM

Trackback Pings

TrackBack URL for this entry:

Listed below are links to weblogs that reference Faith Versus The Constitution: A False Conflict:

» Cialis overnight cialis prescription online from Genaric viagra personal experience using viagra
In minute now online prescripiton viagra Generic viagra mailorder Viagragenericindialowest Does viagra really work [Read More]

Tracked on October 19, 2005 05:43 PM

» Raped sex movie trailers from Free japanese online av
Sex clips fucking Free photo nude young girls Young gay asian sex stories Sex gay movie blacks [Read More]

Tracked on October 22, 2005 06:58 PM

» Bupropion Hydrochloride from Bupropion Hydrochloride
Wellbutrin xl pre-set wellbutrin xl generic wellbutrin tasteful generic wellbutrin. [Read More]

Tracked on January 28, 2006 07:13 PM

» poker tips from poker tips
vacated Peugeot hobby soiled washes schedulers Appleton:recurses?poker room [Read More]

Tracked on February 7, 2006 01:33 AM

» Nj Lottery from Nj Lottery
How to play slot machines backward how to play slot machines online gambling Burgundian online gambling. [Read More]

Tracked on February 27, 2006 11:13 AM

» airline tickets from Airline tickets notes
[Read More]

Tracked on April 18, 2006 05:36 PM

» ohio state ringtones from ohio state ringtones
turkey ringtones free us cellular ringtones steelers ringtone free ringtone websites wildlife ringtones [Read More]

Tracked on April 20, 2006 12:14 PM

» airline tickets from All about airline tickets
More information on this topic is here [Read More]

Tracked on May 23, 2006 03:50 AM

» gambling from gambling
I'll tell you why. I think you're a lonely person. I drive by this place a lot and I see you here. I see a lot of people around you. [Read More]

Tracked on May 25, 2006 11:48 PM

» weight loss supplement from weight loss supplement
weight loss supplement [Read More]

Tracked on June 3, 2006 07:59 AM

» breast enhancement from breast enhancement
breast enhancement [Read More]

Tracked on June 4, 2006 02:29 AM

» diet pills from diet pills
diet pills [Read More]

Tracked on June 5, 2006 02:59 AM

» chiropractic from chiropractic
chiropractic [Read More]

Tracked on June 5, 2006 05:21 PM

» hoodia from hoodia
The quality of mercy is not strain'd, it droppeth as the gentle rain from heaven... [Read More]

Tracked on June 18, 2006 07:30 AM

» My firsth post from Patio Furniture
Super blog congratulations ... [Read More]

Tracked on June 22, 2006 04:03 PM

» hoodia from hoodia
awesome. great site. i'm bookmarking it. [Read More]

Tracked on June 28, 2006 07:16 AM

» penis enlargement from penis enlargement
If soldiers were to begin to think, not one of them would remain in the army [Read More]

Tracked on June 30, 2006 03:48 AM

» Porno film free from Mothers sucking cock
Free pic brutal forced Ass raping clips Rape little girl gallery Free virgin teens bloody movie [Read More]

Tracked on July 11, 2006 11:32 PM

» 100% free son and mom stories from 3d young gay sex toons
Russian beastly sex Free clips to watch Japan raped girl pics Animation japanese girls sex [Read More]

Tracked on July 13, 2006 12:11 AM

» breast enhancement from breast enhancement
breast enhancement, breast enlargement, [Read More]

Tracked on July 16, 2006 02:06 AM

» Pic info from Insest porn pics
Foto di teen che scopano Foto coppie Videos sample zoofilia Erotic fiction incest zoo [Read More]

Tracked on July 18, 2006 11:31 AM

» Real free full porn movie from Free japanese schoolgirls photo galleries
Free anime sex movie download Hot sexy naked mumbai girls Old men fucking young girls galleries Nymphet animal [Read More]

Tracked on July 22, 2006 09:01 AM

» Newsgroup teen from Hardcore fuck movies for free no downloading
Stories of virginity and sex Teacher boy sex video Erotic stories tentacle rape hentai manga story Sexy hindi movies to download for free [Read More]

Tracked on July 23, 2006 10:20 AM

» breast enhancement from breast enhancement
It was one of those nights when the sky came down and wrapped itself around the world. [Read More]

Tracked on July 24, 2006 04:08 AM

» Lesbian only sex sample videos from Bloody fucked trailer
Ponygirl bittorrent School teen sex jpg Top ten free porno movies Free little sex movies 100% free incest ... [Read More]

Tracked on July 25, 2006 06:12 PM

» Fuck girl raped from Sex with videos
South indian actress sexy Free horse fuckers pics Old wife and boy videos Free trial movies teens Web gi... [Read More]

Tracked on July 25, 2006 09:00 PM

» hoodia from hoodia
Keep where you are because, if I should make a mistake, it could never be set right in your lifetime. [Read More]

Tracked on July 27, 2006 11:59 PM

» Male cunnilingus clips from Sexs video
Free extreme sex clips Horse fuck woman sex adult personal picture members Daughterfreesexmovie Naughty mom and boy videos [Read More]

Tracked on July 30, 2006 07:01 PM

» Sex 11 from Srilankan girls xxx
Short nude videos for free Incest art gallery Pictures of raped schoolgirl hostages Forced swallow in sucking [Read More]

Tracked on July 31, 2006 03:42 PM

» home equity line of credit from home equity line of credit
home equity line of credit [Read More]

Tracked on August 3, 2006 03:18 PM

» does aciphex gain you weight from does aciphex gain you weight
[Read More]

Tracked on August 5, 2006 03:15 AM

» Pics mom son from Dog and mom sex
Free sex animal movie download Preteen having sex with dog Xxx video free Lesbiche video gratis [Read More]

Tracked on August 7, 2006 03:55 AM

» gambling online from gambling online
He lacks confidence to the most enormous degree of all the people in the world. [Read More]

Tracked on August 22, 2006 03:27 AM


All pages copyright David Limbaugh 1994-2010