Unalienable rights and Kagan
Tony Blankley looks at Supreme Court nominee Elena Kagan's views on unalienable rights :
"Our Founders, in the opening decades of our national life, built into our governing fundamentals many redundancies, or fail-safes, to protect us from tyranny, either of the creeping or the sudden kind. First, a Congress of the people, two branches to check each other, an executive branch itself in check with the others, and the states in sovereign balance with the federal powers. And all those powers subordinate to the undergirding sovereignty of the people.
The very power of the Supreme Court to exercise judicial review derives precisely from the Court’s being empowered by the pre-constitutional sovereignty of the people, who have an inalienable right to protect themselves from any undue state restraints on such sovereign rights (see Empire of Liberty, Gordon S. Wood, pages 443, 448 — 451)."
Thanks, David.
Comments