"Empathy" Versus Law

[jdmee]

Thomas Sowell, "Empathy" Versus Law Part I

The biggest danger in appointing the wrong people to the Supreme Court is not just in how they might vote on some particular issues-- whether private property, abortion or whatever. The biggest danger is that they will undermine or destroy the very concept of the rule of law-- what has been called "a government of laws and not of men."

[jdmee]

"Empathy" Versus Law: Part II

After a lunch with Judge Learned Hand, as Holmes was departing in a carriage to return to work, Judge Hand said to him: "Do justice, sir. Do justice."

Holmes had the carriage stopped. "That is not my job," he said. "My job is to apply the law."

Holmes wrote that he did not "think it desirable that the judges should undertake to renovate the law." If the law needed changing, that was what the democratic process was for. Indeed, that was what the separation of powers in legislative, executive and judicial branches by the Constitution of the United States was for.

[jdmee]

"Empathy" Versus Law: Part III

Nor is this President Obama's only attempt to remake American society. Barack Obama's vision of America is one in which a President of the United States can fire the head of General Motors, tell banks how to bank, control the medical system and take charge of all sorts of other activities for which neither he nor other politicians have any expertise or experience.

The Constitution of the United States gives no president, nor the entire federal government, the authority to do such things. But spending trillions of dollars to bail out all sorts of companies buys the power to tell them how to operate.

[jdmee]

"Empathy" Versus Law: Part IV

When the Supreme Court decided by a narrow 5 to 4 vote that carrying a gun near a school was not interstate commerce, it was saying something that most people would consider too obvious for words. But it was considered outrageous that the Supreme Court recognized the obvious and refused to rubberstamp the sophistry that allowed Congress to pass laws dealing with things that the Constitution never authorized it to deal with.

Incidentally, carrying a gun near a school was something that states had the authority to deal with, and the great majority of states had already banned it.

What is at stake in Supreme Court nominations is the power of the federal government. "Empathy" is just camouflage, a soothing word for those who do not look beyond nice-sounding rhetoric.

[RoyalShock]

Good stuff. It's too bad our expert in constitutional law president doesn't get it.

I'm truly fearful that, with Obama now in office, he is going to do great and lasting harm to this nation.

[Maggie]

Good links jdmee, I had already read some of them. It is nice to see someone reading Sowell.

[BostonWu]

Good stuff. It's too bad our expert in constitutional law president doesn't get it.

I'm truly fearful that, with Obama now in office, he is going to do great and lasting harm to this nation.

Starting from day one of the campaign my deepest fear was what Obama could do to the makeup of the Supreme Court. I’ll be pleasantly surprised if the appointment is not some dedicated liberal looking to push an agenda. I certainly don’t expect a moderate.

[Maggie]

Good stuff. It's too bad our expert in constitutional law president doesn't get it.

I'm truly fearful that, with Obama now in office, he is going to do great and lasting harm to this nation.

Starting from day one of the campaign my deepest fear was what Obama could do to the makeup of the Supreme Court. I’ll be pleasantly surprised if the appointment is not some dedicated liberal looking to push an agenda. I certainly don’t expect a moderate.

The President would not be looking for “empathy” in a potential nominee if he were not looking for an individual to pursue a particular overall agenda.

The President's recent admission coupled with his comments during the campaign virtually assure that whoever the nominee is he or she will, in effect, not be a proponent of the law but, rather, lawlessness.

[Awesome Sauce Malone]

Somebody needs to change that law about a person being responsible for a child even if their whore of a mother lied and douped them into believing they were the father. They deserve empathy and law.

[JohnnieBallgame]

That would be the job of the legislative branch(es) of government, not the judicial!
:whistle:

[Awesome Sauce Malone]

That would be the job of the legislative branch(es) of government, not the judicial!
:whistle:

I dont care who does it as long as it gets done.

[wu_shizzle]

Good stuff. It's too bad our expert in constitutional law president doesn't get it.

I'm truly fearful that, with Obama now in office, he is going to do great and lasting harm to this nation.

If he were just some Secular Progressive without experience in law you could chalk it up to ignorance.

The fact that this man TAUGHT constitutional law tells me he that he knows full well that his ideology is bordering on subverting the principles and laws this country was founded on.

Scary stuff, indeed...

[SubGod22]

I AM worried

[Maggie]

Good stuff. It's too bad our expert in constitutional law president doesn't get it.

I'm truly fearful that, with Obama now in office, he is going to do great and lasting harm to this nation.

If he were just some Secular Progressive without experience in law you could chalk it up to ignorance.

The fact that this man TAUGHT constitutional law tells me he that he knows full well that his ideology is bordering on subverting the principles and laws this country was founded on.

Scary stuff, indeed...

For what it is worth the Secular Progressive is far from ignorant when it comes to utilizing the Judicial Branch to advance their social agenda. In fact, it is the preferred vehicle precisely because they can effectively subvert the normal legislative process – which would require them to actually make a reasoned public argument.

[wsushox1]

I listened to Michael Steele the other day and he said. We are back in the conservative house talking about the Con-sti-tu-tion. then he said "Empathize my behind brother" Lol so this is the new Hip-Hop GOP