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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 Sept. 14, 2005 / 10 Elul, 5765

Bastardizing the courts

By David Limbaugh


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http://www.JewishWorldReview.com | Nothing could better illustrate the wrongheadedness of modern liberalism toward the role of the courts in the American constitutional framework than the allusions to Hurricane Katrina by Senators Leahy, Kennedy and others in the context of the Roberts confirmation hearings.

What on earth does Katrina have to do with the role of the courts in general, with the Supreme Court in particular, or with Judge Roberts' judicial philosophy and fitness to serve on the Court? Absolutely nothing, of course, but that's not how Leahy and Kennedy see it.

During his opening remarks at the hearings, Leahy, referring to Katrina, said, "But if anyone needed a reminder of the need and role of the government, the last few days have provided it. If anyone needed a reminder of the growing poverty and despair among too many Americans, we now have it. If anyone needed a reminder of the racial divide that remains in our nation, no one can doubt that we still have miles to go."

Kennedy said, "The stark and tragic images of human suffering in the aftermath of Hurricane Katrina reminded us yet again that civil rights and equal rights are still the great unfinished business of America. The suffering has been disproportionately borne by the weak, the poor, the elderly and the infirm and largely by African Americans I believe that kind of disparate impact is morally wrong in this, the richest country in the world."

There can be no doubt that we still have poverty and despair in America. But unless these conditions are the result of something the Supreme Court is doing or not doing, the senators' observations are absolutely irrelevant to the subject matter of the hearings.

It is not the function of the Court — or the legislative or executive, for that matter — to end poverty or racism.

Apparently unbeknownst to Leahy and Kennedy, the judicial branch is designed to play a passive role, deciding only those cases that come before it, laying down principles that can be applied to other cases and situations, to be sure, but never proactively issuing unsolicited opinions.

Concerning race and economic opportunity, the Court's duty is to uphold the constitutional and statutory guarantees that prohibit discrimination on the basis of race, gender, ethnicity, etc., and mandate equal protection under the law.

Are we to infer that the senators believe that current Supreme Court precedent disrespects these constitutional and statutory guarantees? Anyone with but a superficial knowledge of constitutional and federal statutory law understands that the law strictly forbids government-sponsored racial discrimination and unequal protection of our citizens under the law.

But Leahy and Kennedy aren't just talking just about prohibiting discrimination or ensuring equal opportunity. They want government-mandated results. To them, equal opportunity is simply not sufficient. Presumably, America will not pass muster until big brother completes its job of equalizing the distribution of income and enforcing racial and gender quotas to "equalize" results.

Under their vision, the Supreme Court somehow must play a role in bringing about these results either by upholding unconstitutional legislation that permits racial preferences, interfering with equal opportunity by stacking the decks, or becoming a policy-making branch and "legislating" these changes from the bench.

They loosely throw around terms like "equal rights" and "civil rights," but their view of the court's active role inevitably leads to a devaluation of those rights, as Judge Roberts explained in his opening statement.

Roberts opined that unless judges adhered to the rule of law as "servants of the law and not the other way around" "rights are meaningless." I think Roberts is saying that for constitutional guarantees to have enduring meaning, the Court must honor the original understanding of those who drafted and ratified them. If judges can adapt the Constitution's provisions to achieve whatever result they deem desirable at any given time, there is no guarantee that its fixed principles and rights will remain inviolate. If judges can alter the meanings of terms at their whim, then rogue judges can transform our rights or eradicate them altogether.

In contrast to Leahy and Kennedy, Judge Roberts champions a judicial philosophy of humility, modesty and deference, without which constitutional protections cannot be considered safe. The Court, in Roberts' view, must be a guardian of constitutional rights and powers, not a creator of new rights.

The senators' invocation of Katrina is obscene and manipulative. They are highly frustrated that the electorate won't endorse their policy prescriptions for the nation and therefore rely on the judicial branch, entirely inappropriately and unconstitutionally, to effect their agenda. Roberts will either agree to accept their bastardization of the Court's proper role — which is inconceivable — or they'll bully him, and then vote to reject him — which is guaranteed. But compared to the next nominee, Roberts will get off easy.

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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