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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

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 Oct. 7, 2005 / 4 Tishrei, 5766

It's not elitism, but constitutional stewardship

By David Limbaugh


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http://www.JewishWorldReview.com | There has been a strong strain of anti-elitism in America from the time of the nation's founding, through the period of Jacksonian Democracy and up to the present. Few want to be tagged with the "elitist" pejorative, including the highest of highbrows themselves, who pretend, despite their feelings of superiority, to be small "d" democrats and champions of the common man.

That's why critics of the Miers' nomination are taken aback by the unwarranted charge that they are demonstrating a brand of elitism. It is not elitism that is driving the doubters' concerns.

The elitism charge obscures the paramount importance of the Supreme Court to preserving our structure of government and our liberties. We dare not allow ourselves to lose sight of what is at stake with these highly infrequent nominations to the Supreme Court.

Our Constitution's framers ultimately decided on a structure of government that divided powers between national and state governments and among the three branches of the federal government. These discrete, but partially overlapping branches would each check the others from acquiring too much power at the expense of our freedoms.

This structure, along with the limitations on government imposed by the later-added Bill of Rights, was designed to prevent tyranny and maximize the prospect for individual liberties.

What the Framers may not have anticipated is the central role the Supreme Court would come to play in inter- and intra-governmental power struggles. But as early as 1803 in Marbury vs. Madison, the Court established itself as the final arbiter of constitutional questions.

While some scholars believe the early Court arrogated to itself this power of judicial review — the power of the Court to declare acts of the legislature and executive unconstitutional — others believe it is inherent in the Article III judicial power.

While it is interesting to debate such questions, the undeniable reality is that judicial review is here to stay. Not a single justice on the current Supreme Court, as far as I know, including Scalia and Thomas, would end judicial review. Reviewing the constitutionality of laws is what they do.

The Supreme Court's power of judicial review is an awesome power because it is the final word, subject to no check, other than that it might impose on itself. And it's not just any power we're talking about, but the prerogative to determine the relative powers of all branches and levels of government. It is the power — and duty — to preserve the integrity of our governmental structure under the Constitution and, thus, our liberties.

While it has a duty to interpret the Constitution according to the plain meaning of its text, and, when possible, the original understanding of the Framers — it has the unchecked capacity, as the system has evolved, to invent constitutional provisions out of whole cloth. The Court's importance, seen in this light, cannot be overstated. The same is true for each of its justices.

Conservatives, by advocating the appointment of the best of the best, are not bowing to elitism or snobbery but recognizing the critical importance of justices. Constitutional jurisprudence, while not rocket science, is indeed a scholarly enterprise.

Some have said that as long as a justice votes "correctly," it doesn't make any difference how brilliant he or she is. But Supreme Court justices don't just vote. They analyze, discuss, debate and engage in the art of persuasion.

Most, if not all, of the liberal justices on the Court are intellectual heavyweights. When a vacancy on the Court occurs, the president has a solemn duty to nominate the best and the brightest. He should choose not only strict constructionists, but those who can hold their own against the liberal activist justices who are steadily rewriting the Constitution and removing, brick by brick, its foundation.

What conservative skeptics of the Miers appointment have been saying is that a pool of extraordinary conservative constitutional scholars exists, whose members have proven, through their legal careers, their unique qualifications and fitness for the position. While they don't doubt Miers has excellent character and, perhaps, even superior abilities, they don't see her — at least at this early stage — as possessing the optimum background to sit on the Court, compared to so many others.

One wonders whether those crying "elitism" would choose the best available lawyer to represent them if their neck were on the line — in a criminal or civil matter. If they deserve the best in their individual struggles, don't all Americans in their collective struggle to remain free?

Picking a justice isn't about rewarding individuals or satisfying gender, race or diversity concerns. It's about protecting our sacred liberties. Since the best way to do that is to find the brightest constitutional scholars with the requisite character and sound judgment, then that is precisely what the president should do. That's not elitism; it's essential constitutional stewardship.

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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