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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

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 May 13, 2010 / 29 Iyar 5770

What is the Law?

By Cal Thomas




http://www.JewishWorldReview.com | We are told by no less than President Obama and supporters of his nominee to the Supreme Court, Elena Kagan, that she "loves the law."


I love my cat, but what does loving the law mean for the court, for the law and for the public?


What is the law? Is it a game played by insiders who went to Harvard (or Yale) law schools and the intellectual equivalent of theological debates over how many angels can dance on the head of a pin? Or is it something else, and if something else, what?


The classical view of law is that it is meant to restrain lawbreakers. But in order to define a lawbreaker, one must have a standard for law so that people know it when they break it. The modern ("progressive" as Kagan has been called) view of law is that it is to serve the political ends of those in power. This is why we hear so much talk about Kagan being in touch with "average," or "regular" people, as opposed to above and below average and "irregular" people I suppose.


The classic view of law is something quite different. Expressed by the English jurist William Blackstone -- who, if he is studied at all at Harvard and Yale, is most likely treated as a relic with nothing to say to us moderns -- is that the law began in the Mind of a Higher Authority. Blackstone expressed it this way: "No enactment of man can be considered law unless it conforms to the law of G0d."


Blackstone's philosophy was not insular, but served a larger purpose. As he expressed it, a law rooted in the ultimate Lawgiver, means, "The law, which restrains a man from doing mischief to his fellow citizens, though it diminishes the natural, increases the civil liberty of mankind."


In other words, if the law is a kind of judicial floating crap game, no one can say at any given moment where the "game" is being played or what the outcome might be. But law that is fixed and conforms people to a recognized standard promotes the general welfare -- as opposed to political interests -- and even increases civil liberties.


That's the kind of law I want and the kind of law the public should desire if it fully understood what is at stake in these debates about the Supreme Court. But Elena Kagan appears not to embrace this type of law. Neither is it how the progressive President Obama views the law. The president believes the law should serve his political goals.


In the pursuit of those goals, the president has selected someone from a legal cocoon. Senator Patrick Leahy, the Vermont Democrat who chairs the Judiciary Committee, has praised Kagan's qualifications and "real-life experience" outside the courtroom. Vice President Biden calls her "Main Street."


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In fact, her experience, as noted by the Politico Website, "draws from a world whose signposts are distant from most Americans: Manhattan's Upper West Side, Princeton University, Harvard Law School and the upper reaches of the Democratic legal establishment."


One of the several talking points about Kagan is that she is a "moderate liberal." In fact, Ron Klain, Vice President Biden's chief of staff, has called Kagan a "legal progressive." That seems about right because in college she lamented the decline of the socialist movement. If she is asked about that at her confirmation hearings, expect her to say she has "matured" since her days as a student. The question should be: "But have you converted from your embrace of socialism and on what basis? A love for capitalism and the Constitution?"


Democrats have the votes in the Senate to confirm her, but Republicans ought to use the process to further expose where this progressive president wants to take us: away from true law, William Blackstone and our nation's founders or toward the remaking of America in his image?


Should this be an issue in the November election? Indeed, it should.


Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.


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Cal Thomas Archives

JWR contributor Cal Thomas is co-author with Bob Beckel, a liberal Democratic Party strategist, of "Common Ground: How to Stop the Partisan War That is Destroying America". Comment by clicking here.

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