A nutshell summary of the Elena Kagan Supreme Court confirmation hearings - a Senator asks her a question, and Kagan does her boring best to evade answering it.
Kagan's not the first nominee to do this, but I'm finding it difficult to even report on this snooze-fest. Here's about the best I can do. The following video clip is Senator Tom Coburn (R-OK) asking Kagan if the government has the right to force people to eat certain foods. Her evasive answer is enlightening:
Did anybody hear Kagan say "no, the government does not have that right ?" I didn't hear it either. What I heard was Kagan say was, the Court shouldn't strike down stupid and intrusive government laws that overstep the bounds of the Constitution. She seems fine with the government doing almost anything it wants, as long as it has makes some remote wave at the Commerce Clause.
The Commerce Clause in the U.S. Constitution grants the federal government the power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." How we get from there to government forcing us to eat our vegetables, or forcing us to purchase health insurance (which is what Coburn was really getting at) is a complete mystery to me. Kagan's answer tells me that she doesn't even understand the role of the Supreme Court, and that she will be a rubber stamp for any crazy law the libs can dream up.
Kagan went on to say early court cases adopted a broad interpretation of the Commerce Clause, and then she told Coburn she didn't feel she could elaborate further (lest we actually find something out about her beliefs. That's on a need-to-know basis, and I guess the American people don't need-to-know who is sitting on the highest court in the land ).
How did things ever get so crazy ?
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