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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 July 14, 2010 / 3 Menachem-Av, 5770

Lincoln or Kagan

By Tony Blankley




http://www.JewishWorldReview.com | Abraham Lincoln: "I have never had a feeling politically that did not spring from the sentiments embodied in the Declaration of Independence." Lincoln address in Independence Hall, Philadelphia, Feb. 22, 1861:

"That sentiment in the Declaration of Independence which gave liberty … to the people of this country … Now, my friends, can this country be saved upon that basis? … if this country cannot be saved without giving up that principle, I was about to say I would rather be assassinated on this spot than surrender it."

Lincoln's inaugural address of March 4, 1861: "The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And finally, in 1787, one of the declared objects for ordaining and establishing the Constitution was 'to form a more perfect Union.' "

Elena Kagan: "To be honest with you, I don't have a view of what are natural rights independent of the Constitution, and my job as a justice will be to enforce and defend the Constitution and the laws of the United States."

Elena Kagan, June 30, 2010, in Senate testimony: "… I'm not saying I do not believe that there are rights pre-existent (to) the Constitution and the laws. But my job as a justice is to enforce the Constitution and the laws. You should not want me to act in any way on the basis of such a belief (in an inalienable right to life, liberty and the pursuit of happiness) if I had one (said on being asked if she disagreed with the Declaration of Independence's enunciation of inalienable rights)."

Justice John Marshall, Fletcher v. Peck, Supreme Court (1810): "(It is not simply) the particular provisions of the Constitution of the United States (that nullified the Georgia statute but also) those general principles which are common to our free institutions."

Apparently unbeknownst to Ms. Kagan, from the very beginning, it was the inalienable rights of the people that made the people sovereign and thus permitted the people to form the Constitution and continue to guide its application.

The very reason for the American experiment was -- and is -- to establish the principle and the reality that no man or government may alienate a person's life, liberty or pursuit of happiness.

Anyone who has experienced the expectation of the imminent loss of any of those conditions knows profoundly their value -- and thus the value of our form of government, which exists to protect those rights.

It does not take a legal scholar to know that. But it could be said that no one can rightly be called an American legal scholar who does not understand that the unalienable rights to life, liberty and the pursuit of happiness are the animating purposes of all our laws -- of the law. They are the soul of our Constitution. Without those rights, the body of law is a corpse -- a soulless, purposeless, manipulable, disposable, dead, material thing. If Ms. Kagan does not know that, then she knows nothing of our law.

Even more to the point, the right to remove those conditions from a man must always lie exclusively in the power of Him who gave them. The judge or politician who does not understand the source of those rights is ever likely to presume -- at some useful moment -- that a mere man or woman or government may act to deny such rights. Indeed, they are not rights if they are not so created -- but mere temporary grants of privilege from an all-powerful state.

We have seen in the current congressional session how indifferent our government is to even the formalities of positive law and procedure. Less than two weeks ago, the House decided to "deem" a federal budget passed -- though it has not been passed. A few months ago, it was prepared to "deem" a transforming socializing health services scheme passed without voting on it.

Our Founders, in the opening decades of our national life, built into our governing fundamentals many redundancies -- fail-safes -- to protect us from tyranny, either of the creeping or of 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 in their 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).

And now, proposed to be intruded into that temple of justice -- that last fail-safe of freedom -- comes the form of Elena Kagan. Cold to the passion of our Declaration of Independence. Ignorant of its animating powers. Insentient of its still-governing force. And -- thankfully -- oblivious even to her need to attempt to hide her true scorn and indifference to our founding unalienable rights.

It is a dead certainty that, if she is admitted to the high court, the day will come when she will cast aside -- carelessly, indifferently and without pause, but with a leering smile and chuckle on her lips -- our sacred birthrights as so much nuisance and interference with the government's right to direct our lives as it -- or she -- sees fit.

She must be barred from the court.

Forty-one filibustering senators can save the Republic this week. Or all 99 will surely be condemned by history for their failure to act when they had the legal power to do so.

The senators have had their warning: Side with Abraham Lincoln and the republic or with Elena Kagan. Which will it be?

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Tony Blankley is executive vice president of Edelman public relations in Washington. Comment by clicking here.

© 2010, Creators Syndicate

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