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-  Candidate for the PA 7th District US Congressional seat demands careful scrutiny of the nomination of Elena Kagan for Justice of the Supreme Court  -  Constitutional balance of power is threatened by nomination of revisionist Justices amidst efforts to weaken Congress and over-empower the Executive.



Thursday, May 27, 2010    9:30 AM (EST)
Contact James D. "Jim" Schneller| 610-688-9471 | info@Jim4US.com

 

RADNOR, PA -- Jim Schneller, candidate for the 7th U.S. District Congressional seat, issued comments this morning regarding the nomination of Elena Kagan for Justice of the Supreme Court of the United States:

 "   I applaud our head of state's respect for and elevation of women to new and higher positions of our Land, but my approval of the nomination of Elena Kagan for Justice of Supreme Court of the United States stops there. 

 

    Mrs. Kagan's nomination openly challenges our principles of fairness, appropriateness, ethics, and nonpartisanship, and the nomination carries with it questions of eligibility and intent to desensitize and lower the Highest Court's threshold of prudence, wisdom,and impartiality.  While no person is perfectly balanced and free of bias, we witness in this nomination a second nomination, in a few months' time, of a person willing to re-write the Constitution, as opposed to interpret the Constitution; willing to re-write Acts of Congress, rather than interpret them.   This philosophy, of law being malleable theory, rather than carefully considered enscribements, is dangerous, and walks hand in hand with a current day comprimising of sovereignity and common sense that is evident in Washington's daily policy. 

 

    This trend, fortunately visible to all who care to scrutinize, is an ongoing chapter in the disgrace perpetrated by a great portion of our elected leaders, and "world" power brokers, intent on persuading the public, for years now, that the Highest Court is an impenetrable fortress, which has the ultimate say and unchallengeable wisdom and authority.  This has enabled the wrongful and unconstitutional policy of Congressional  avoidance of responsibility over issues that were clearly worthy of passage of effective legislation ( avoiding thereby a corresponding liability to their constituents ). 

 

    Congress' duty to attack issues is thus abandoned in favor of lofty pronouncements by the Highest Court, pictured to the public as unchangeable and irrefutable.   This is collusion between Congress and the Supreme Court, rather than a balancing of power through separate action.

 

   One issue that has experienced this unAmerican tactic is abortion  -  Congress has, for decades, thrown up their hands and stated that the Supreme Court has decided this issue for all time - yet all that has ever been needed is a vote of Congress on a simple bill.   Avoidance of accountability, and collusion between the Court and Congress is not the intent of our Constitution and is causing rule without the involvement of the will of the people.  

 

    This policy is tailored to channel particular issues around Congress and picture them as properly before the Supreme Court, and even the executive branch ( such as the continuing failures to pass any declaration of war before sending troops into nations), in conjunction with pervasive and dishonest spin, and even indoctrination by government, and schools.  This device is being utilized to achieve the quickest relegation of issues to a public perception as unchangeable or "officially decided."   What a travesty that this bending of law is widely accepted as proper.    Americans must awake and call out for a return to the three branch, balanced-power, system, which made us great, and formed the foundation for progress. 

 

    I mentioned that this improper policy also coincides with an elevating of the Supreme Court to untouchable status.  This status conveniently carries with it a greater power, and has resulted in a series of decisions that belittle or minimize United States law and often assist special interests. 

 

   Confirmation of Mrs. Kagan stands very likely to cause more of this illness in our federal government, and exhibits the executive's disregard for American populism, in direct conflict with his public statements of equality and humanity.  I have both personally and professionally felt the sting of the Supreme Court's non-constitutional trend in favor of the monarchist and revisionist.  There is an unfeeling characteristic in present developments, as of a Court not convened by and for the People, but rather a Court beholden to powerful puppeteers.

 

   Our Congress therefore has an enormous duty to scrutinize this proposed Justice with the constitution in mind.  I call on the Senate, the Pennstylvania senators, and on all members of Congress, to immediately take notice and disengage from the above stated bending of the law and unofficial policies ruinous to the incredibly efficient and simple system, originally and firmly put into place by way of our constitution. 

 

   Hearings on Mrs. Kagan's appointment should hash these problems out thoroughly.  This is an issue whose time has come.  The Executive's pronouncements as to moderate leanings of this nominee are suspect, and must not fool the public nor the Senate. If Mrs. Kagan's appointment becomes a casualty, America will benefit regardless, and greatly - from the prevention of bad policy - and from the perception by the public and the next generation, of a vetting process that worked - in a most crucial of arenas. 

 

    Every national incumbent and candidate (not to mention candidates for State office) should be put on the spot in the upcoming election on this issue, and those who have already served should have any record denigrating to the balance of power laid out before them, with demands for explanation.  Even partial support for bending of the law is reason for removal or reprimand.

 

    As the 7th District's elected representative I will do everything in my power to return non-collusive  balance of power in Washington to the three branches, to stop current day escalation of concentration of power in this branch or that branch, and to encourage, and personally work towards, tackling of national issues through legislation, not through inappropriate judicial interpretation and other back door methods.  The will of the People must return to our Congress and to all of Washington's officeholders, as their principal function and unbendable duty."

 

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