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July 2, 2009

Rabbi Abraham J. Twerski: The hallmark of a person

Abe Novick: Up, up, and aliya

July 1, 2009

Rabbi Avi Shafran: The Road Taken

The Kosher Gourmet by Marialisa Calta: Get into the holiday spirit with these Star-Spangled desserts

June 30, 2009

Rabbi Binyomin Ginsberg: What makes a great parent?

Caroline B. Glick: Ideologue-in-Chief

June 29, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Beware of 'Caveat Emptor'

Steven Emerson: ACLU pushing for more money for Hamas

June 26, 2009

Rabbi Yoni Posnick: Learn the secret to a healthy marriage from a scriptural villain

Caroline B. Glick: Barack Obama vs. International Law

June 25, 2009

Rabbi Shimon Apisdorf: The Absurd Power of Truth

Jordan "Gorf" Gorfinkle's strip: Everything's Relative

June 24, 2009

Rabbi Yonason Goldson: Advancement of technology is a wake-up call for humanity

The Kosher Gourmet by Andrea Weigl: Summer on a stick: Making frozen treats can be easy, creative and fun

June 23, 2009

Martin M. Bodek: 'On Surnames': And so, We Begin

Caroline B. Glick: The Obama Effect

June 22, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Working for a corrupt firm

N. Richard Greenfield : Where are American Jews?

June 19, 2009

Rabbi Abraham J. Twerski: Emotion v. intellect

Caroline B. Glick: Israel's rare opportunity

June 18, 2009

Jonathan Rosenblum: Sometimes it is more essential to define the nature of evil than good

Jordan "Gorf" Gorfinkle's strip: Everything's Relative

June 17, 2009

Rabbi Yonason Goldson: The Language of Confusion

The Kosher Gourmet by Linda Gassenheimer: Nothing pleases Dad more than a thick, juicy onion-smothered steak. Add home-Baked Potato Chips and …

June 16, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Career v. Careersism

Caroline B. Glick: Obama's losing streak and Israel

Richard Z. Chesnoff: ‘Palestinians’: Never Missing an Opportunity …

June 15, 2009

Israeli Prime Minister Binyamin Netanyahu: How Judea and Samaria can become 'Palestine'

Daniel Pipes: Where Netanyahu's speech failed

June 12, 2009

Rabbi Abraham J. Twerski: Some big thoughts about not acting so big

Caroline B. Glick: Obama's High Commissioner

June 11, 2009

Victor Davis Hanson: Our historically challenged President

Mitch Albom: Beware the True Believers

Lewis Grossberger: What we learn from the new Hitler photos

June 10, 2009

Mort Zuckerman: What Obama and his advisors won't -- or refuse to -- grasp about Israel and the Muslim world

The Kosher Gourmet by Steve Petusevsky Lotsa pasta: Tips, techniques and (amazing) taste

June 9, 2009

Anne Bayefsky: Obama's stunning offense to Israel and the Jewish people

Frank J. Gaffney, Jr.: America's first Muslim president?

June 8, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Merchant must take responsibility for careless shopper?

Mark Steyn: A superpower that feeds on mediocrity cannot survive for long on leftovers from the past

Richard Z. Chesnoff: How do you say 'kumbaya' in Arabic?

June 5, 2009

Rabbi Abraham J. Twerski: In quest of spirituality

Caroline B. Glick: Obama's Arabian dreams

Charles Krauthammer: The Settlements Myth

June 4, 2009

Paul Greenberg: The War Comes to Little Rock

The Kosher Gourmet by Judy Hevrdejs: Splash it on! Tap your inner jazz musician and improvise when stirring up a vinaigrette

June 3, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Q. Should terrible teacher be exposed?

Jonathan Rosenblum: The Israel Lobby: Missing in Action

June 2, 2009

Dennis Prager: The Speech President Obama Won't Dare Give in Egypt

Frank J. Gaffney, Jr.: Pressure on Israel raises war risk

Oct. 29, 2003
Mortimer B. Zuckerman: Graffiti On History's Walls (MUST-READ!)

Jewish World Review June 27, 2008 / 24 Sivan 5768

The Republic of Kennedy

By Mona Charen


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http://www.JewishWorldReview.com | In the United States today we no longer enjoy the rule of law but instead the rule of lawyers — robed lawyers with the exalted title "justice" — but still unelected lawyers enacting their own policy preferences.


Before their commonsense decision in the Second Amendment case, a different complement of justices (Justice Anthony Kennedy siding with the liberals) demonstrated what a flimsy hold the words of the Constitution have on our jurisprudence. In fact, when you consider that the court is pretty well divided between four liberals and four conservatives with Justice Kennedy swinging from one side to another as the spirit moves him, we now enjoy a Republic of Kennedy. All this fuss and bother about the presidential race is misplaced. The most powerful man in the land is someone most Americans couldn't pick out of a lineup.


In Louisiana v. Kennedy, the majority held unconstitutional a statute that permitted the death penalty for rape of a child under the age of 12. In the case at bar, the child was an 8-year-old girl who was brutally raped by her stepfather. After feeding her a cocktail of drugs dissolved in a glass of orange juice, the defendant attacked the girl so brutally that, as the decision records: "An expert in pediatric forensic medicine testified that L.H.'s injuries were the most severe he had seen from a sexual assault ... A laceration to the left wall of the vagina had separated her cervix from the back of her vagina, causing her rectum to protrude into the vaginal structure. Her entire perineum was torn from the posterior fourchette to the anus. The injuries required emergency surgery."


Explaining why the statute violated the constitutional prohibition against "cruel and unusual" punishment, Justice Kennedy declared that, "Evolving standards of decency must embrace and express respect for the dignity of the person, and the punishment of criminals must conform to that rule." Will someone please ask Justice Kennedy and his liberal fellows this question: If it's all a matter of "evolving standards," then why pretend to abide by a written document at all? And whose evolving standards?


As Justice Samuel Alito establishes in a devastating dissent, Kennedy distorts the historical record to bolster his claim that the U.S. is moving toward a "national consensus" against capital punishment in such cases. In point of fact, the opposite is more nearly the case, but the Court's own previous rulings have prevented the people from fully enacting their policy preferences. "When the law punishes by death," Kennedy wrote, "it risks its own sudden descent into brutality, transgressing the constitutional commitment to decency and restraint." So that's it. Preacher Kennedy is not comfortable. And, as Alito notes, "Although the Court has much to say on this issue, most of the Court's discussion is not pertinent to the Eighth Amendment question at hand."


Justice Antonin Scalia's majority opinion in District of Columbia v. Heller, by contrast, is all about — guess what — the intent of the Founders. The distraction of the "militia" clause in debates over the Amendment's meaning is now eliminated. Through exhaustive historical examples, ranging from the Glorious Revolution in England to recent precedents, the majority opinion shows that the introductory clause referring to militias does not limit nor vitiate the "right of the people to keep and bear arms."


When the First, Fourth and Ninth Amendments speak of "the right of the people" to free speech and to be free from unreasonable searches and seizures and so on, no one interprets these as collective rather than individual rights. Nor is it consistent with history or logic to argue that "keep and bear arms" referred only to military uses. The founding generation did fear that the federal government might attempt to tyrannize them by confiscating their weapons and thereby disabling their militias. But that was not the only reason they sought to codify the right to bear arms. They saw themselves as vindicating a pre-existing right, a right "inherited from our English ancestors" as the Supreme Court put it in 1897.


As the Court was careful to clarify, the existence of an individual right to keep and bear arms does not mean that the right is absolute. Time, place, and manner restrictions have always been recognized even with respect to sacred First Amendment rights. But the hurdle states will have to clear in order to regulate gun ownership by law-abiding citizens just got inestimably higher. This is good for the nation as a whole (just pick up "More Guns, Less Crime" by John R. Lott if you doubt it), but all of it is due to one vote on the court in the Republic of Kennedy. Remember that in November.

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