Someone please explain to me why I even bother glancing at the Sotomayor hearings. For the most part it’s been one side kissing ass while the other side ignores legitimate questions in favor of thinly-veiled assertions that old white men with money are by definition unbiased.
Then again, I do watch shows like “When Stunts Go Bad”…
Edit: I missed this:
Judge Sonia Sotomayor has apparently never been exposed to the factual (vs. case law) history of the Constitution. In response to a question July 15 on judicial philosophy from Sen. Hatch, she said with no hesitation: “The Constitution creates the rights. It’s immutable. The right [sic] that the Constitutions [sic] have created can’t be added onto — neither by congress or — except by amendment — or by a court.” She went on to explain that, if a specific case arose, the liberty clause of the 14th Amendment could be used to affirm the right at issue, and only that right.
Not only is this factually wrong, but it is the explicit opposite of the intent of virtually all those who wrote the Constitution. (emphasis mine)
Another way that this statement is wrong: rights cannot be “granted” by definition. If you don’t have something unless someone else says you can have it, you don’t have a right to it, you have a privilege, or a license. RIGHTS aren’t “here, you can do this” from above, but rather “Yeah, try to stop us and watch what happens” from below.
Yet another clear example of the absurdity of the process in particular, and politics itself as a whole. This remark, which if intentional reflects an ass-backwards view of basic civil liberties, probably got her 4 more Republican votes for confirmation, having reached their quota of nativist* panicspeak. When you consider that this is someone with an extensive background including a law degree from Yale & several years of federal court experience, who is being considered for the highest court in the entire freakin’ country, that such a view wouldn’t be out of place coming from the average american high school student just makes it worse.
(* – Yes, she was born & raised in the Bronx, but they don’t give a fuck. Their definition of foreigner is quite flexible.)