When Donald Trump nominated Brett Kavanaugh for the supreme Court, he did what is likely the most important act a president of these United States can possibly do, constitutionally speaking. The President’s powers are very limited and defined according to Article 2 of the Constitution and he has very little authority to personally impact the lives of the people, except through this power to nominate judges and justices. Yet, according to the Constitution, this is only 1/3 of the process necessary to seat a justice.
A person may be nominated by the president to be a justice, but a justice is not seated until the person is vetted and confirmed by the Senate. The bifurcation of this process was an intentional safeguard to ensure the appointment of a justice that would be independent of both the executive and legislative branches and to ensure that the judicial branch would remain true to the Constitution, rather than ruled by politics.
Now that Kavanaugh’s vetting process has begun, it is time for the American people to be reminded of a few of the essential duties of a Supreme Court justice and the principles that ought to govern those who occupy that bench. It is by these terms only that our Senators can truly select the justice that America needs, rather than the person the political parties want.
First and foremost, we need a justice that is dedicated to the Constitution; not to ideology, politics, or personal agendas. America does not need a liberal activist justice. America does not need a conservative activist justice. America needs a justice who is versed in the proper application of the Constitution through the Original Intent of the drafters. If that term “Original Intent” seems a bit frightening, it is only because we have taught the wrong things about our Constitution for a very long time.
Originalism is not only the correct legal way to apply the Constitution, it is the only way that guarantees and secures Liberty. Original Intent is not slavery, misogyny, or bigotry; it is the exact opposite. Original Intent is a return to the principles that make America the desire of so many of those in foreign countries for hundreds of years. A return to Original Intent declares that Liberty is the right of all human beings and their government is established to protect those rights, not regulate them. A return to Original Intent is an undeniable application of Liberty and Justice for all. A return to Original Intent says that we are able to be free individuals by choice, not permanent slaves by the authoritarian stranglehold of government.
We need a justice that understands the limited authority of the judiciary as established by the Constitution. America must break free from the dangerous ideology that the supreme Court issues “rulings” and their “rulings” become the “law of the land.” Judges do not issue rulings; kings issues rulings, judges render opinions and those judicial opinions have a very limited scope of authority. A judicial opinion is only binding upon the parties of the case, whereas a king’s ruling controls a whole land.
A judicial opinion cannot reach outside the courtroom to the general population as a whole, that would mean that our supreme Court is an Oligarchy of 9 kings and queens who rule over the whole land with unquestionable authority. This is just common sense, yet this concept seems to escape our general knowledge. If court opinions could bind the general public then only one supreme Court opinion would be necessary for all time and the executive branch could simply incarcerate every American based upon that opinion without a trial or any form of due process. The fact that every person has the Right to due process proves this principle.
If the Rights of the people are to be preserved, supreme Court opinions cannot take the place of legislations and be viewed as the “law of the land.” Yet, nearly every American has heard a professor, judge, la