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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 August 23, 2005 / 18 Av, 5765

What fundamental rights?

By David Limbaugh


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http://www.JewishWorldReview.com | As the Roberts Supreme Court confirmation hearings approach, it occurs to me that what we need is more than just a vetting of Judge Roberts' judicial philosophy. We're way overdue for a candid national debate, centered in the Senate, about the proper role of the judiciary in our constitutional framework.

Senators, in their advice-and-consent role, routinely put judicial nominees on the hot seat about their views on particular constitutional issues, but what about the views of the senators themselves? Who ever asks them what they think about the separation of powers or the doctrine of federalism?

I have this fantasy that some enterprising conservative senator could use the Roberts hearings as an opportunity to initiate this important discussion. Then, instead of just viewing potential Supreme Court justices as policy-making agents to be supported or opposed based on their political views, we could delve into the more relevant issue of constitutional governance.

Perhaps a few days before Judge Roberts submits to his obligatory inquisition and show trial, someone like Sen. Orrin Hatch could call for a senate discussion on judicial philosophy and the constitutional role of the courts. The public is entitled to know which senators foster judicial tyranny by insisting that the courts have the power to rewrite the Constitution.

Wouldn't it be instructive, for example, to ask Sen. Barbara Boxer to justify her requirement that Supreme Court nominees promise to preserve certain "fundamental rights"? Perhaps she could first explain what she means by "fundamental rights." Are these rights that are so rooted in our national tradition that there has always been a consensus as to their existence and indispensability?

How about an unborn child's right to life? Fundamental enough for you? Or, would Boxer be talking instead about a mother's right to abort her child on demand?

If the right to an abortion were fundamental, wouldn't there have been a consensus for it among the individual states long before Roe v. Wade in 1973? But Justice Scalia, in his opinion in Planned Parenthood v. Casey, reminds us that the opposite is true. Scalia wrote, "the long-standing traditions of American society have permitted [abortion] to be legally proscribed." As such, the right couldn't possibly be considered fundamental in any real sense of that word.

What Boxer and company really mean by "fundamental rights" is rights that have been written into the Constitution by activist judges precisely because they weren't fundamental enough to have been included in the original Constitution or its amendments or uniformly passed into law by federal or state legislative bodies. They mean rights whose continued existence depends upon Supreme Court justices affirming erroneous precedent established by their activist predecessors.

This is much more serious than it sounds. In demanding that would-be justices uphold precedent that has no grounding in the Constitution, Boxer and her like-minded colleagues are trying to extract a commitment from them that they will conspire to disenfranchise the people

Though they're always boasting that most Americans support abortion rights, these senators obviously don't want to take the chance that Roe will be reversed, because state legislatures may decide to outlaw or more strictly regulate abortion. Thus in the name of protecting "fundamental rights," the will of the people and the integrity of the Constitution, they circumvent the will of the people and undermine the Constitution.

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In a nutshell, that's what's so sinister and insidious about this "progressive" notion that the Constitution is an evolving document. When judges can make the Constitution say whatever they want it to without regard to the original understanding of those who signed and ratified it, the fixed basis upon which all our rights depend degenerates from concrete to sand. Our constitutional rights are no more secure than the whims of the unaccountable majority of the current Supreme Court.

I just wish that one time one of these sanctimonious senators started lecturing a nominee about a woman's fundamental "right to choose," another senator or the nominee would have the courage to throw back in his face the sanctity of the Constitution. I wish that one time a ranting senator began railing about the potential loss of "fundamental rights" someone would point out that the extraconstitutional method for creating mythical fundamental rights places in jeopardy our entire constitutional scheme of rights and liberties.

Instead of, or at least preceding, the inevitable rash of pseudo-indignant sermons from constitution-disrespecting senators about "fundamental rights," we would be better served by a national dialogue on the fundamental importance of preserving the original understanding of the Constitution.

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

David Limbaugh, a columnist and attorney practicing in Cape Girardeau, Mo., is the author of, most recently, "Persecution: How Liberals Are Waging War Against Christianity". (Click HERE to purchase. Sales help fund JWR.) Comment by clicking here.

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