This Letter is written to my representatives from Colorado, but is I believe relevant for ALL members of the United States Senate. I hope you will be able to reflect on the importance of a grounded Supreme Court in maintaing necessary Checks & Balances in the Tri-Branch Miracle that we have inherited for our self Governance.
Senator Mark Udall
Senator Michael F. Bennett
The decision to approve a nominee for service on the Supreme Court of the United States may very well be the most important vote you will cast while representing Colorado in the United States Senate. Ideally, given the lifetime term of an appointee, the Justice will preserve and protect the U.S. Constitution for the remainder of their working life, offering stability as many popular congressional classes pass. This structure does however create the possibility to create the risk of a forty-year mistake.
The present nominee, Ms. Elena Kagan, in testimony has given me pause on several occasions during the confirmation hearings, such as Congressional Oversight of Citizen Mandated Diets however; the most troubling to date (and perhaps a cause of Ms. Kagans indecisive/evasive demeanor) was the dialog with Sen. Coburn when she refused to acknowledge, as valid or relevant, the idea that human beings possess certain inalienable rights preexisting the U.S. Constitution (specifically the Declaration of Independence) and not subject to the whim of the Executive and Legislative Branches.
The Declaration of Independence and other American History seems to have been marginalized in Ms. Kagans vast education, indeed in the Law School where she made policy Ms. Kagan institutionalized a preference for International Law Precedent over Constitutional Law.
The Declaration of Independence is THE ORIGINAL PRECEDENT for the U.S. CONSTITUTION, with which the capable, impartial, Justice must weigh each case considered against when forming their decision. I submit to you esteemed members of the United States Senate that seating a Justice with a total disregard (vis-a-vis relevance) of the Declaration of Independence is a supreme contradiction and puts us at high risk of a long term mistake.
The success of our Country since its inception can be directly attributed to the stability provided by adherence of the Supreme Court, and subsidiary courts, to the original precedent. While created by and for persons of faith, the Declaration of Independence transcends Race and Creed, creating an environment optimized for HUMAN NATURE.
The social and business climate created by a grounded set of Rules (Law) that can be counted on for Long Term stability is essential for the continued success of our Republic. A Justice that does not posess an understanding of the original precedent, and its essential function, will subject to pressures of the current economic, social, political environment (witness Bank Bailouts) veer off course as Human Nature recreates precedent.
In Colorado, we are during this election cycle addressing Judicial Activism which is the result of decisions made without regard for original precedent to the detriment of Colorado in many ways. Beyond the scope here, but research is available for your consideration at ClearTheBenchColorado.
The chief Justice has signaled her intent to resign in advance of a Retention Defeat and we look forward to a Colorado Supreme court that returns to the successful course shown by our founding documents.
We would prefer to keep the U.S. Supreme Court on track, as any mistake is necessarily more difficult to correct. A climate of uncertainty and competition between Judicial-Legislative-Executive branches is a detriment to the Life, Liberty and pursuit of Happiness of every citizen. It is for this reason that I implore you to withdraw your support for the confirmation of Ms. Kagan and request an alternative nominee from the President as soon as possible for the benefit of all our United States.
Respectfully Yours in Liberty,
Excerpt from The Original Precedent
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,