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April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

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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