johnwk
01-29-2017, 12:57 PM
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See Mike Lee Is Certain: The Senate Will Confirm Donald Trump’s Supreme Court Nominee (http://dailycaller.com/2017/01/28/mike-lee-is-certain-the-senate-will-confirm-donald-trumps-supreme-court-nominee/)
”PALM SPRINGS, CALIF. — Sen. Mike Lee told a large gathering of libertarian donors that President Donald Trump’s eventual nominee to the U.S. Supreme Court is going to be confirmed by the Senate.
“It’s a fantastic list,” he said of the names floated as in the running for Trump’s nomination. “I’m very confident that whoever the president nominates is going to get confirmed…. I can tell you this: At the end of the day, any one of the people that President Trump is looking at will be confirmed by the Senate– we will make sure of that.”
Socialists and the friends of an unbridled federal government, like Senator Schumer, assert Trump’s pick must be in the “mainstream”, which is an asinine comment to make.
Our Constitution is not meant to be interpreted according to the whims and fancies of any “mainstream”.
Judges and Justices, when rendering opinions concerning the specific provisions of our Constitution, are required to adhere to the text of our Constitution and its documented “legislative intent” as expressed during its framing and ratification process, which gives context to its text. To ignore this fundamental rule which is engrained in English Common Law, and substitute a judge’s or Justice’s personal sense of fairness, justice or reasonableness as being the supreme law of our land, is to make a mockery of a written Constitution and allow the very actors it was designed to control and regulate to be free to impose their personal whims and fancies upon the entire population of the United States as was done during the Obamacare case.
This of course leads us to one of the most important questions a nominee ought to be asked:
What is the procedure to determine what the wording our Constitution means with respect to any particular provision?
Let us see if Sen. Mike Lee will dwell on this question during the confirmation hearings, which in fact goes to the most fundamental rule of constitutional construction which is summarized as follows:
The fundamental principle of constitutional construction is that effect must be given to the intent of the framers of the organic law and of the people adopting it. This is the polestar in the construction of constitutions, all other principles of construction are only rules or guides to aid in the determination of the intention of the constitution’s framers.--- numerous citations omitted__ Vol.16 American Jurisprudence, 2d Constitutional law (1992 edition), pages 418-19 - - - Par. 92. Intent of framers and adopters as controlling.
JWK
The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ASS'N v. BLAISDELL, 290 U.S. 398 (1934)
See Mike Lee Is Certain: The Senate Will Confirm Donald Trump’s Supreme Court Nominee (http://dailycaller.com/2017/01/28/mike-lee-is-certain-the-senate-will-confirm-donald-trumps-supreme-court-nominee/)
”PALM SPRINGS, CALIF. — Sen. Mike Lee told a large gathering of libertarian donors that President Donald Trump’s eventual nominee to the U.S. Supreme Court is going to be confirmed by the Senate.
“It’s a fantastic list,” he said of the names floated as in the running for Trump’s nomination. “I’m very confident that whoever the president nominates is going to get confirmed…. I can tell you this: At the end of the day, any one of the people that President Trump is looking at will be confirmed by the Senate– we will make sure of that.”
Socialists and the friends of an unbridled federal government, like Senator Schumer, assert Trump’s pick must be in the “mainstream”, which is an asinine comment to make.
Our Constitution is not meant to be interpreted according to the whims and fancies of any “mainstream”.
Judges and Justices, when rendering opinions concerning the specific provisions of our Constitution, are required to adhere to the text of our Constitution and its documented “legislative intent” as expressed during its framing and ratification process, which gives context to its text. To ignore this fundamental rule which is engrained in English Common Law, and substitute a judge’s or Justice’s personal sense of fairness, justice or reasonableness as being the supreme law of our land, is to make a mockery of a written Constitution and allow the very actors it was designed to control and regulate to be free to impose their personal whims and fancies upon the entire population of the United States as was done during the Obamacare case.
This of course leads us to one of the most important questions a nominee ought to be asked:
What is the procedure to determine what the wording our Constitution means with respect to any particular provision?
Let us see if Sen. Mike Lee will dwell on this question during the confirmation hearings, which in fact goes to the most fundamental rule of constitutional construction which is summarized as follows:
The fundamental principle of constitutional construction is that effect must be given to the intent of the framers of the organic law and of the people adopting it. This is the polestar in the construction of constitutions, all other principles of construction are only rules or guides to aid in the determination of the intention of the constitution’s framers.--- numerous citations omitted__ Vol.16 American Jurisprudence, 2d Constitutional law (1992 edition), pages 418-19 - - - Par. 92. Intent of framers and adopters as controlling.
JWK
The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ASS'N v. BLAISDELL, 290 U.S. 398 (1934)