Saturday, May 30, 2009

Empathy in the Court!


There are many qualifications required for appointment to the United States Supreme Court. A quick look at the resume of most successful applicants shows a common thread. An outstanding law practice, history of scholarly accomplishment (law professor, dean, law review, etc.,) lengthy prior judicial experience, and a record of sustained opinion on appeal to the Supreme Court are all noted on the bill of achievements. Empathy is not a part of that list.

Empathy is a valuable consideration for a social worker, a friend, a pastor, an operator on a help line, a fishing buddy, a hospital counselor, a spouse, or any additional number of occupations and relationships which require in depth examination of motivations and relevant “feelings.” It is value which is extremely rare in any situation which requires a strict examination of fact and written law. In tort law it should not be confused with mercy due to extenuating circumstance.

I have grown tiresome in my recitation of those citizens among us who have sworn (before Almighty God) to uphold the Constitution of the United States of America. I remind you that you have probably done so yourself in one circumstance or another. Every new citizen has pledged his allegiance to that sacred document. Every member of the armed forces has made the same commitment. Every sworn officer in law enforcement and most public servants have repeated it. All federal employees are also sworn in. The sworn pledge to uphold the Constitution is common and extremely serious. It does not call for empathy.

Even Barack Hussein Obama swore (although botched) the same at his inaugural. Given the exhilaration of the moment, it is possible that he did not understand the words he was mouthing. Although he has claimed to have been a professor of constitutional law (no verification available) he has an uncommon lack of understanding of that document. It would appear that his upcoming appointee, Sotomayor, shares that condition as well. While empathy may well be a laudable characteristic it is not in the constitution nor should it be. Its presence would require the elevation of persons over principle. That would then result in inequality to prevail over our God given liberty.

Thus, the deconstruction of the greatest governmental invention of all time continues apace.. If you have not been in a merciful coma since early January, you have been witness to each sordid detail. This latest (Sotomayor) is just one more outrage to add to the fiery pile. From it all we should have had a learning experience from the former issues.

Every time a public announcement is made of a controversial issue, it raises an opportunity for the press, media generally, the commentators, and those who keep track to raise the roof and make a protest. As the voices are raised, the White House modus operendi is to seize that opportunity to use it as a shroud to cover an even greater travesty. While we rant and rave over am unfair appointment, the treasury will be attacked once more for an unneeded health plan, an unaffordable cap and trade scheme, and ever more usurpation of our liberties.

Clinton attempted to do the same by starting armed incursions and bombing raids to cover presidential indiscretions. Although I could not have been convinced at the time, I now see this situation as far more dangerous. Clinton’s were more personal and not aimed at the elimination of a country and its way of life. It should be obvious by now that the aim of this administration is to replace that which we have complacently known as the “American Way,” with an entirely altered form of government. We have become the willing foils of a genuine revolution. They don’t all involve blood, gore, and violent overthrow.

Believe it; this is what “change” is all about. It is not a change of attitudes. It is not a change in administration. It is not a change of social acceptance. It is a change in our form of government.

The indicators are there even in the sleepy little town where we shop. The local Chrysler dealer is gone. Gas prices are now 30% higher than they were in the fall. Ads in the local paper and shopper no longer feature “help wanted” and “real estate.” Many businesses not offering absolutely essential commodities are shuttered since last year. Even Wal-Mart is starting to slow down. Although high finance is not clearly understood here, the ramifications are very apparent in our daily lives.

I have pleaded with you before and I shall again. We as a people must rise to meet this threat. Each must be responsible to carry this fight to restore our liberties. It need not be complicated but it must be consistent. Each person should ask himself before retiring each night “have I done all I could within my own limitations to promote liberty today?” If he pledges then to correct any self-discovered deficiencies the next day and follows through, his efforts, no matter how minor, will have an affect.

Being an elected representative or functionary is a job. We all can easily understand wanting to keep a job—or better yet, move up. Since they are dependent upon the electorate to keep their jobs, your polite opinions are taken into account in their decision making process. If enough folks complain, they can clearly see the writing on the wall. How can they serve the people if they don’t know what is on their minds? If you don’t tell them you abrogate your role in the governing process.

Have you gone to your country courthouse, sheriff’s office, assessor, or any other local hall to make your wishes know? I have done this and once found that all three county supervisors had enough time for an impromptu visit together to discuss an issue which I found important. They listened carefully, asked questions, and appeared to appreciate my position. From this platform, involvement, even minor input, at higher levels becomes easier. These are just men with jobs who, believe it or not, want to do the work you wish to have done—or at the least explain why they feel they can’t.

I realize this seems minor but everything has a beginning and I urge you to find yours. We are facing a grotesque force in our leadership. If we do not do our best in our own way we shall be ground under the heel of tyranny.

In His abiding love,

Cecil Moon

1 comment:

Burr Deming said...

In fairness, we should consider the arguments against the judge.