07-16-2010: Obama Violates Oath With Kagan Nomination For Supreme Court

Posted: July 14, 2010 in Uncategorized
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{Posted Wednesday, July 14}

Tony Blankley wrote an excellent piece on July 14th entitled “Lincoln or Kagan”.  His comparative analysis includes two important and telling quotes  stated by Ms. Elana Kagan on June 30th at her Senate confirmation hearing:

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).”

The President of the United States takes a solemn oath per Article 2, Section 1 of our U.S. Constitution when sworn in to protect and defend the Constitution of the United States.  The Presidential oath required to be recited by each and every President of the United States is:

“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

All U.S. Senators take a solemn oath to protect and defend the Constitution of the United States.  The Senatorial oath is not prescribed within the Constitution but has been required in various forms by the Senate since 1789.  The current oath established in the 1860’s and given by every U.S. Senator prior to being seated states:

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

According to Title 28, Chapter I, Part 453 of the United States Code, each Supreme Court Justice takes the following oath:

    “I, [NAME], do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [TITLE] under the Constitution and laws of the United States. So help me God.”

The two statements quoted above as publicly made by Elana Kagan during her Senate hearing clearly disqualify her for eligibility or consideration for appointment as a Justice of The Supreme Court.  The entire basis, the solid foundation for our U.S. Constitution and our Rule of Law is the recognition of our unalienable rights  given to us by virtue of our creation as is clearly stated in the second paragraph of our Declaration of Independence.  The second paragraph opens with:

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, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

The Constitution of the United States does not grant rights to the governed.  Our Constitution simply recognizes and enumerates those unalienable rights and establishes a government for the purpose of securing those rights for the people.  The oaths of office taken by every President of the United States;  every U.S. Senator and every Justice of our Supreme Court requires adherence to our Rule of Law as given by our Constitution.

Any President, all U.S.  Senators and all Justices of our Supreme Court are bound by their solemn oaths of office to uphold our Constitution.  Failure to comprehend or be willing to acknowledge the source and foundation of our Rule of Law, that is, our unalienable rights endowed by our Creator and as recognized and secured by that Constitution establishes absolute ineligibility to honestly and in good faith take the oath of office or to hold any office requiring such an oath.  Ms. Kagan’s statements given at her Senate confirmation hearing demonstrate that she either does not understand the basis for our Constitution or she refuses to acknowledge that basis. In either case she will voluntarily, knowingly and willingly commit perjury in taking an oath she does not comprehend or cannot believe in.

For Elana Kagan to take an oath and be sworn in as a Justice of our Supreme Court is to make a mockery of the Court itself and calls into question the very basis and purpose of the Court.  If the nine black robed Justices sitting on this sacred bench do not understand or cannot believe in and uphold our unalienable rights as a free people, then there is simply no good purpose for the Court to exist.  The Court then morphs into a dangerous hammer and sickle cutting down and destroying the unalienable rights and Rule of Law it has sworn to protect.  Elana Kagan is not fit to sit on “the people’s” Supreme Court bench.  Ms. Kagan’s own words demonstrate her inability to adjudicate “equal” justice under our U.S. Rule of Law.

The President of the United States is in violation of his oath of office should he at this point, following Ms. Kagan’s public statements before the Senate, fail to retract his nomination of Elana Kagan.  Any U.S. Senator who votes to approve Elana Kagan’s nomination to the Supreme Court is in violation of his or her oath of office.  Elana Kagan will be in violation of her own oath of office simply by taking the oath based on principles she cannot or will not accept.

If Elana Kagan can be or is appointed to the Supreme Court of the United States her appointment denies the very existence of the United States as a free Constitutional Republic and demonstrates the abject failure of our President, Our U.S. Senate and the Supreme Court itself.  If we elect leaders who refuse to be vigilant with regard to protecting our unalienable right to liberty, then we as governed citizens have given up our own right to be free.  The appointment of Elana Kagan will be a painful travesty of justice and a knife in the back of individual freedom.


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