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THE ABSURDITY OF BIDEN’S CALL FOR NATIONAL UNITY
As this article goes to post on the Arbalest Quarrel, we are only a few hours away from the beginning of the New Year. We would like to say that this New Year, 2021, would see President Trump sworn in on January 20, 2021, for his second term in Office, where he would work further on behalf of the Nation to cement his “America First” Legacy for future generations of Americans to come.As we say, we would like to see this, but it is becoming increasingly evident that we won’t see this even though we should see this.If one but looks at mountains of evidence of elections fraud it has become increasingly apparent to everyone, but the most obtuse among us, that Trump did indeed win the election. But the ruthless, powerful, well-organized, inordinately wealthy and eternally secretive and insufferable neoliberal globalist elites have, with the assistance of the media and Press that they control and with the active assistance of the courts that they oversee, clamped down hard on all attempts to bring this evidence out into the light of day to ensure the integrity of our electoral process, the sanctity of the Constitution and the preservation of a free Constitutional Republic. If anyone harbors doubt about the truth of this conclusion, one need only look at the recent actions of the highest law enforcement official in the Land, Attorney General William Barr, and of the action of the highest Court in the Land, the U.S. Supreme Court.On December 1, 2020, The Associated Press reported Barr as saying that “the U.S. Justice Department has uncovered no evidence of widespread voter fraud that could change the outcome of the 2020 election.”Let’s take a closer look at this remark. It suggests the Justice Department did find evidence of voter fraud, but Barr refuses to elaborate on the nature of that evidence; how that evidence was gathered; who did the investigating, and the extent of the investigation. And Barr says nothing about releasing a report on that investigation. Moreover, even if it were true that such evidence that was uncovered would not change the outcome of the election, that still begs the question as to the integrity of the 2020 election.Barr’s assertion is nothing more than an oblique attempt to hide from public scrutiny a matter the importance of which goes to the future of our Country as an independent sovereign Nation State. The seditious Press was satisfied with Barr's action. It would be. Not one to investigate the matter of wholesale elections fraud itself, and having taken an active role in ridiculing evidence of fraud, the seditious Press certainly wouldn't take kindly to a DOJ and FBI investigation that put the lie to the Press narrative. Shortly, after Barr made his 0ffhand remark to the AP, Barr submitted his resignation as AG. One cannot but wonder: Was Barr threatened, compromised? His perfunctory remarks to the AP are wholly out of character. Barr is not the sort of person who would willingly surrender on a matter of such monumental importance — a thing that decidedly and decisively impacts the future of our Country; indeed, a thing that portends the end of our Country as a free Constitutional Republic if it is Biden who in fact takes the Oath of Office on January 20, 2021, and not Donald Trump.Then there is the U.S. Supreme Court. Here we have three perspicacious Justices—Gorsuch, Kavanaugh, and Barrett—silently going along with Roberts, who must have made clear to the three junior Associate Justices that under no circumstance must the Texas case, Texas vs. Pennsylvania, 592 U.S. ____ (December 11, 2020) be entertained. Yet, who but the U.S. Supreme Court could allow a State versus State case to proceed?Article 3, Section 2, Clause 2 of the U.S. Constitution sets forth in clear terms:“In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.”In a brief, perfunctory Order, the Court Majority dismissed the case, asserting that Texas does not have standing to sue. Really?For the Supreme Court to assert that Texas did not have standing to bring action against another State on the matter of how a state conducts its elections, the Court cavalierly skirted the underlying question at stake: whether the matter in which Pennsylvania conducted the election for the United States President did in fact unconstitutionally negatively impact how Texas and other States conduct their own election. The framers of the Constitution made certain that the Constitution would give, indeed must give, to the Highest Court in the Land original jurisdiction in a State versus State lawsuit precisely because no lower Federal or State Court could ever have the authority to hear a legal dispute between one sovereign State and another sovereign State.And so, we have the prospect that the Great Pretender, Joseph Biden, the Manchurian Candidate and the Neoliberal Globalist elites’ Candidate for U.S. President will become the U.S. President, and thereupon make a mockery of the U.S. Constitution. In administering the Oath of Office to Joseph Biden, Americans will bear witness to the final touch of farce. We may be seeing John Roberts, himself, as having played an active role in the takeover of our Nation, an elaborate hoax, the greatest tragedy to ever beset our Nation as the elevation of the Grand Imposter, Joe Biden, to the highest elected Office in the Land will mark the nadir of the United States. The U.S. will become a Dictatorship, where a consortium of ruthless powerful individuals and groups behind the scenes, along with Xi Jinping's Communist China, operating as the true rulers, utilizing their puppets, Biden and Harris and lesser Government figures, to institute a radical transformation of the Nation, an “inverted totalitarian regime,” to be immersed in and absorbed into a one world system of governance.
JOE BIDEN, THE GREAT UNIFIER?
Joe Biden’s call for “unity” is as nonsensical and as farcical as anything else that comes out of his mouth.Likely, Biden never came up with the idea for he lacks both intellect and imagination. But a vast coterie of Democrat Party handlers, speech writers, political consultants, acting coaches, and image makers apparently thought it would be good thing to utilize; something to wrap this listless, inept, empty vessel in, at once proclaiming this stooge to be a savior that he would deign, or dare, to save Americans from themselves.Have him yap long enough and often enough about unity, cooperation, solidarity, and togetherness and perhaps the American public will warm up to him, come around to accept him as a leader of the Nation, as the leader of the Nation: the Great Unifier, the Grand Unifier, the High Lord muck-a-muck of Civility and Propriety in contrast to that awful Disuniter—that brusque, uncouth, Racist, Misogynist a.k.a. Donald Trump.The mega billionaire neoliberal Globalist elites of the world must take Americans for fools; either that, or they take Americans for complete idiots.Don’t they realize the word ‘unity,’ apropos of a Nation’s people, only makes sense in the context OF A NATION, which, under a Biden Presidency would be a shaky and murky proposition at best. The Billionaire Globalists, along with the Marxist unionists, the Globalist elites’ foot soldiers, want none of that. Their goal is to merge our Nation with those of other western nations into a single world, transnational union—encompassing geographical regions, spread out across the Earth—comprising billions of people, a heterogeneous glob that shares neither common values and culture, nor unifying traditions and histories.If one can sensibly talk of a grand unity at all, it is something the destroyers of our Nation want; what it is the mega-Billionaire neoliberal Globalist corporatists and the rabid, Globalist Marxists and Anarchists both want; and what it is both are intent on delivering to Americans: A Collectivist vision of the world finally realized, a veritable nightmare in which the populations of the developed countries are dragged down to the level of third world countries. Trump’s “Make America Great Again”—perceived by the Globalist elite and by the Marxists as a veritable obscenity agenda to be recast as and transmogrified into “Make America.”Both billionaire neoliberal globalists and trans-global Marxists and Anarchists find common ground on that score, if little else. But their goal of a one world order requires the demolishing of a free Constitutional Republic.The puppet masters’ marionettes, Biden and Harris, will happily assist them in this task, no less so than had Barack Obama, the Bushes, and Bill Clinton before Biden and Harris.But the Collectivist vision of a one world government is not what most Americans want, and it certainly isn’t something they need. It is decidedly and decisively what most of us don’t want and what anyone of us would need about as much as the plague sent to us courtesy of the Chinese Communist Government.The Collectivist vision of a one world government is wholly inconsistent with what our free Constitutional Republic demands: preservation of the Nation’s Constitution, grounded on the tenets of Individualism; an independent sovereign Nation-State where the American people themselves are the ultimate sovereign authority.How can two mutually exclusive visions of political and social reality cohere? Quite simply, they can’t. Still, there are some who talk glowingly of a unifying American spirit that seemingly transcends differing visions of the Nation, of the world, and of reality. But sober reflection demonstrates how preposterous such an idea is.Back in March 2020 the former Governor of Louisiana, Bobby Jindal wrote an Op-Ed for the Wall Street Journal. In that Op-Ed Jindal acknowledged the deep divide in America but claimed a unifying American spirit, reflected in his pronouncement, “there’s a real voter appetite for moderation and compromise.”Jindal wrote in significant part,“America’s current political polarization seems to favor candidates like Mr. Trump and Bernie Sanders, who mobilize their respective bases. The most committed conservative and progressive activists find common ground in their celebration of partisanship. They see fierce competition between principled partisans in the marketplace of ideas as benefiting the nation.Despite their deep ideological differences, they share a grudging respect for their political combatants, preferring them to be ‘cold or hot,’ in contrast with their ‘lukewarm’ fellow partisans. These activists view bipartisan compromises—from the Clinton-era crime and welfare reforms to the Bush-era No Child Left Behind Act and Medicare expansion—as capitulations.Yet Mr. Biden’s decisive victory in South Carolina suggests there’s a real voter appetite for moderation and compromise. He may be wrong about many policies, but he’s right to try to include the other side and to denounce the growing hostility across ideological and partisan divides. Bipartisanship is built on recognizing differences, but also on recognizing that what unites Americans is stronger than what divides us.It is built on humility—on the recognition that the other side has value. Conservatives dedicated to limited government should be grateful for liberals ensuring society considers the needs of the poor. Liberals dedicated to powerful and expansive government should be grateful for conservatives ensuring that society generates prosperity and protects individual liberty.”Bobby Jindal ends his Op-Ed asserting,“A driving force behind today’s polarization is a combination of arrogance and insecurity. Liberals talk confidently of the coming demographic wave—growing numbers of female, young, college-educated, minority, urban and secular voters they believe guarantee them a majority sooner or later. They are impatient for conservatives to convert or die. Many conservatives view their plans as blessed by divine providence. Yet both sides act with a desperate urgency that belies their stated confidence, as if losing the next election could permanently endanger their beliefs.The path to civility requires both parties to display the humble belief that the other side consists of good, patriotic Americans with valuable insights, as well as the confident determination that their own beliefs are enduring and can eventually emerge victorious. That may prove a winning message for Mr. Biden.”Well, if this were Biden’s message it certainly isn’t a winning one.Sure, a few Americans might have viewed Jindal’s March 2020 article, at the time of posting, as conveying a message of hope and yearning for reconciliation.But jump ahead to the post 2020 election—an election result that, on its face, is so statistically anomalous and one that is so laden with criminal fraud and deceit, as to understandably generate and provoke anger and resentment in a vast majority of Americans as they see a free Republic literally wrenched from them.In retrospect, Jindal’s Op-Ed comes across as quaint and flowery, wistful, naïve, and syrupy at best, and, at worst, a thing trite, banal, nonsensical, even insulting.In fact, Jindal apparently realized the flaws in his earlier Op-Ed, for, in August 2020, he recalibrated his remarks. Gone was any message of hope and trust for a better future for our Country. Jindal saw things as they truly are, as manifesting uncomfortably in front of him. He wrote,“Rather than making the traditional move to the center after he secured the nomination, Mr. Biden has continued to move left. He seems more worried about persuading Mr. Sanders’s supporters to turn out than convincing Mr. Trump’s voters to consider a moderate alternative.Mr. Biden embraced identity politics by promising to name a female running mate. Anticipating a sweep of Congress, Democrats have announced their support for abolishing the Senate filibuster and pay-as-you-go rules. Democrats covet these new powers for the majority not to pursue moderate bipartisan policies. They would likely try to expand the courts, grant statehood to the District of Columbia, restrict gun ownership, give unions more power, and ease immigration restrictions and their enforcement.”How much further have we come since Jindal’s August 2020 Op-Ed, on the cusp of a new year, January 1, 2021. In Biden’s staged remarks, and in the selection of his Cabinet, we are witnessing the marshalling of forces to finally cement complete and lasting victory for the adherents of the Counter-revolution: the neoliberal Globalist elites and the transnational Marxists and Anarchists.Newfangled and singularly bizarre concepts of identity politics, critical race theory, intersectionality—mindless neologisms, concocted by and perpetuated by Marxists, all with the blessing of billionaire Globalist elites—have become Biden’s guiding principles, as perceived in Biden’s cabinet selection.In the Collectivist vision of the world, Trump’s “Make America Great Again” imperative, which embraces the notion of “America First,” has no place. Well beyond New York Governor Andrew Cuomo’s disdainful remark, delivered in a 2018 speech, that “America was never that great,”—alluding to and mocking Trump’s 2016 campaign slogan and at once contemptuous of our Nation’s traditions, history, heritage, and core values—we now have in Biden’s choice for Secretary of State, the neocon Anthony Blinken who, in a Biden Administration, is a man who eschews the notion of “America First,” whose foreign policy methodology marks a return to multilateral consensus building with western world leaders, all of whom acquiesce to a belligerent Communist China.If Biden does in fact ascend to the U.S. Presidency on January 20, 2021, and that appears to be more and more certain now, those Americans who adhere to their sacred values, traditions, and heritage, must not succumb to the idea that, come 2022, they will hold onto the Senate and retake the House, and that, in 2024, they will have an opportunity to revive a free Constitutional Republic along with their sacred, natural rights by reelection of Donald Trump as U.S. President. That is wishful thinking in the extreme.A Biden/Harris Presidency will move quickly to reverse all Trump’s gains and will plow ahead on many fronts to dismantle our Constitution, and our Nation-State. A free Constitutional Republic is breathing its last.We, Americans, stand to lose everything that truly defines us as Americans, as the concept of ‘American’ would be understood by our founding fathers; not as Neoliberal Globalist power brokers and Globalist Marxists and Anarchists twist and warp the concept out of any semblance of coherent, historical meaning and context.Once lost—our sacred rights and freedoms, our individuality, our existence as a true sovereign, independent Nation—those things that we cherish most are not coming back. The Globalist elites and their Marxist and Anarchist foot soldiers will see to it that they don’t._________________________________________Copyright © 2020 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
WHAT IS THE TAKEAWAY FROM JUDGE AMY CONEY BARRETT’S CONFIRMATION HEARING?
AN ARBALEST QUARREL PERSPECTIVE
Liberal and Radical Left media sources made much of Judge Amy Coney Barrett’s failure, as they perceived it, to respond candidly and honestly to questions thrown at her by Senate Judiciary Committee Democrats during her confirmation hearing.The Progressive news source, The American Independent, for one, said this:“Over the three days of hearings by the Senate Judiciary Committee on Judge Amy Coney Barrett’s nomination to the Supreme Court, Barrett refused to answer 95 questions posed to her by members of the committee.In declining, she repeatedly referred to the words spoken by the late Justice Ruth Bader Ginsburg during her own confirmation hearing in 1993: ‘A judge sworn to decide impartially can offer no forecasts, no hints for that would show not only disregard for the specifics of the particular case, it would display disdain for the entire judicial process.’” Notwithstanding the words of the late liberal-wing leader of the U.S. Supreme Court, Ruth Bader Ginsburg, the seditious Press concluded that, while they would gladly dismiss the late Associate Justice’s own reticence, they were loath to absolve Judge Barrett for doing the same, attempting, lamely, to draw a distinction between Justice Ginsburg's justifiable hesitation to discuss the specifics of a particular case, and Judge Barrett's demonstrating a similar restraint.MSN news, had this to say about Judge Barrett’s responses Senate Democrat Committee members’ questions designed to commit Judge Barrett to taking a particular stand on Constitutional issues.“During a nearly 12-hour question-and-answer session, Judge Barrett evaded Democratic senators’ attempts to pin down her views on the Affordable Care Act, abortion rights, gay marriage, and a possible election-related case. She played down her history of taking conservative stances in legal writings and personal statements, arguing that she might view issues differently as a sitting justice. ‘I have not made any commitments or deals or anything like that,’ she told the Senate Judiciary Committee on her second day of confirmation hearings. ‘I’m not here on a mission to destroy the Affordable Care Act. I’m just here to apply the law and adhere to the rule of law.’. . . Judge Barrett’s refusal to discuss specific cases or commit to recusing from particular matters was in line with a decades-old playbook used by Supreme Court nominees to avoid giving substantive answers during confirmation hearings. But her attempts to deflect such questions were more conspicuous than usual, given how explicit Mr. Trump has been about how he would want his nominees to rule.” Huh? Judge Barrett's attempts to deflect questions were more conspicuous than the late Associate Justice Ginsburg's deflecting of questions?The mainstream seditious Press dares to suggest that Judge Amy Barrett’s justifiable wariness to being pinned down—and therefore, thereafter, constrained—were she to give categorical responses to matters of Constitutional dimension amounts to a disturbing lack of candor on her part, if not outright insolence. This is a conscious, unconscionable attempt to malign Judge Barrett.But Judge Barrett needn't assert and, in fact, shouldn’t assert how she would decide legal issues before the fact. Indeed, how could she? Activist jurists, of course, do so all the time as the public knows full well. Reflect, for a moment, if you will, on any one of a plethora of decisions handed down by activist Judges on Second Amendment and immigration matters. Activist judges almost invariably prejudge cases that come before them. They work backward from their decision to the central issue, constructing premises along the way, designed to cohere with the decision they have already made.But a methodical, meticulous, jurist, such as Judge Barrett, is perspicacious, not judgmental.Judge Barrett carefully analyzes a case; draws her inferences therefrom; and comes to a purposeful, informed, well-considered decision, never a spontaneous one. As Judge Barrett has demonstrated through her dissenting opinion in the Second Amendment Kanter case, she applies sound logical reasoning before rendering a decision. See Arbalest Quarrel article. And Judge Barrett complies with, is devoted to, and pays assiduous, diligent, and laborious attention to firmly established jurisprudential doctrinal methodology, a methodology grounded in strict adherence to the import and purport of the U.S. Constitution as written, consistent with and faithful to the intention of the framers of it. In this way—and only in this way—can a jurist know that he or she is protecting the fundamental, natural, rights and liberties and sovereignty of the citizenry, and preserving a free Constitutional Republic.Of course, ruthless elements both here and abroad want none of that. They have made clear an intention to tear down our Republic, erase our history and traditions, destroy our sacred rights and liberties, and undercut our Judeo-Christian ethic and faith in a loving Divine Creator. And they have been assiduously, seditiously at work and, now, openly rewriting the U.S. Constitution to cohere with a weakened Nation, a subjugated, subservient citizenry, and a bloated Government subordinated to the will and dictates of the EU and Xi Jinping's China.These ruthless elements, through their puppets—Democrats sitting on the Senate Judiciary Committee—do not want a jurist on the High Court who happens to appreciate, and who esteems, and who cherishes the U.S. Constitution as written. They want a jurist who does the bidding of Democrats in Congress, thereby turning the Court into an adjunct of the Legislature and of the ignorant mobocracy among the polity who obediently obey the commands of their taskmasters as conveyed to them through incessant, noxious propaganda.The Democrat Party lackeys of China and of secretive Billionaire Globalists are, understandably, upset with Judge Barrett, sitting on the U.S. Supreme Court; as she is a person “who will not get with the game plan,” who will not pay homage to them and who will not defer to their wishes. That is something they cannot and will not abide.Judge Barrett has made abundantly clear to all who would pay note, that she is a person of integrity, both in her personal conduct and in her role as a jurist. She has made clear that, as a U.S. Supreme Court Justice, she will never interpose her personal predilections in the judicial decision making process. She hasn't done so as a Judge on the U.S. Court of Appeals for the Seventh Circuit and she would not do so as an Associate Justice on the U.S. Supreme Court. How can the American public be certain of this?It is through the methodology employed in deciding cases that the full measure of a jurist can be accurately, adequately deduced. And, on that score, Judge Barrett has been honest, forthright, and open, and, on the methodology she employs in deciding cases, she has been completely candid. That should give Americans—who, as with Judge Barrett, cherish a free Constitutional Republic, who cherish the U.S. Constitution as written, and who cherish our natural, fundamental rights and liberties, as bestowed on and in man, etched into man's very being by a loving Creator—the necessary, requisite assurances that Judge Barrett qua Associate Justice Barrett will never betray the Constitution and will always remain true to our sacred, natural, fundamental rights and liberties. This of course drives the Destructors of our Nation into a psychotic rage as they have other plans for our Nation, for our Constitution, and for our people; and they have not been shy about what those plans portend. If these Destructors can deceive enough Americans to vote for the so-called “moderate” Joe Biden and if they are able to take control of the United States Senate, then all is lost. The American electorate must see to it that this doesn’t happen.___________________________________________________________
JUDGE BARRETT'S METHODOLOGY FOR DECIDING CASES EXPLAINED
Unlike activist lower Court Judges and liberal-wing High Court Justices who routinely affirm legislative enactments they find palatable, couching their personal predilections in convoluted legalese, rubber-stamping unconstitutional government action, Judge Barrett—soon to be Justice Barrett if all goes well—stated clearly, unequivocally, and categorically that she does not and would not render judgment on the basis of personal bias for or against a particular statute. And, from the cases she has heard and opined upon as a Judge, sitting on the U.S. Court of Appeals for the Seventh Circuit, and from her academic writings, Americans can rest secure in the knowledge that Judge Barrett, will remain true to the written word of the U.S. Constitution and to the sanctity of the Bill of Rights.Judge Barrett grounds her decisions on legal and judicial considerations alone, not on legislative policy considerations that fall within the purview of legislative bodies, outside the purview of courts.She asks: “Is this legislative enactment consistent with the import and purport of the U.S. Constitution, as written?” She frames her analysis accordingly, and her decision follows logically from that analysis. Judge Barrett does not ask, nor should she ask: “Does this legislative enactment cohere with prevailing public whim and fancy, fashion and sentiment, shaped and molded by Progressive ideologues with whom I must adhere?”Through Senate Democrat questioning of Judge Barrett, it becomes abundantly clear that Democrats perceive the U.S. Supreme Court not as an independent Third Branch of Government, but merely as an adjunct of the legislature—a body that has no other purpose than to rubber-stamp Congressional enactments—statutory enactments that cohere with international law and norms, superior to the U.S. Constitution and dismissive of and antithetical to our citizenry’s fundamental rights and liberties. That is what these Democrats want. That is what they desire from a U.S. Supreme Court Justice. But that isn’t what they will get once Judge Amy Coney Barrett is confirmed to sit on the High Court as Justice Amy Coney Barrett. And that enrages Democrats. And, so, they threaten “to pack the Court” if they are able to gain control of the Executive Branch of Government, along with control of the U.S. Senate.During the Senate confirmation hearing, Judiciary Committee Chairman, Lindsey Graham, Republican South Carolina, asked Judge Barrett matter-of-factly how she perceives the role of a jurist.Senator Graham's question was a proper and fitting one to ask of a nominee who might sit on the U.S. Supreme Court, and Judge Barrett welcomed the opportunity to answer the Senator's question, and she was remarkably candid in her response.Senator Graham likely asked this question of Judge Barrett, first, to impress on members of the public—many of whom probably have little comprehension of the specific and appropriate role of a jurist—what the proper role of a jurist is under our Constitutional and jurisprudential framework. And he likely asked this question of Judge Barrett, second, to impress on Senate Democrats who most certainly do comprehend the proper role of a jurist but who desire to impose an improper role on our jurists, that their insinuation that Judge Barrett must do the bidding of Congress—that she owes her soul to the company store, so to speak—is wrong and wrong-headed, for such a role that Senate Democrats demand of our jurists is: one, antithetical to our Nation's Constitutional framework; two, antithetical to our Nation's jurisprudential traditions; and three, antithetical to the separation of powers doctrine. The desire of Senate Democrats to impose their will on judicial nominees was clearly apparent through their long-winded, generally imbecilic monologues and through their impertinent, often insulting queries directed to Judge Barrett. Senate Democrats' insinuation that the U.S. Supreme Court belongs to Congress, and must do the bidding of Congress, is blasphemous. It is dangerous to the well-being of our Nation. It is arrogant in the extreme, and wholly untenable.In response to Senator Graham, Judge Barrett, explained clearly and succinctly: “I interpret the Constitution as a law, that I interpret its text as text, and I understand it to have the meaning that it had at the time people ratified it. So that meaning doesn’t change over time and it’s not up to me to update it or infuse my own policy views into it.” See, Washington Examiner article, as posted by MSN news.Judge Barrett explained that the framers of our Constitution never meant for the U.S. Supreme Court to operate like Congress, and, more to the point, never intended for the U.S. Supreme Court to take its cue from Congress, advocating for and on behalf of Congress.Congress enacts laws predicated on policy choices. Those policy choices may or may not be consistent with the Constitution. If those policy choices, as reflected in law, are at loggerheads with the textual meaning of the Constitution as the embodiment of the intent of the framers of it, then the Court must step in to overturn the law. That is the solemn duty of an American jurist.That isn’t what activist Judges and Justices do and, so, that isn’t what Senate Democrats on the Senate Judiciary Committee wanted to hear. They want docile, obedient jurists, answerable to Congress. Their frustration with, resentment of, even anger with Judge Amy Coney Barrett, was painfully evident.They remonstrated over Judge Barrett's refusal to take a definitive stand on pending legal issues and on legal issues apt to come before the U.S. Supreme Court in the future. They insisted that she acquiesce to their absurd policy objectives; demanding that she declare categorical, unequivocal, acceptance of and adherence to their pernicious, horrific Collectivist vision for the Country, one that reduces Americans to subservient cattle. This Collectivist vision is characterized by uniformity in thought and conduct among the masses; dependency on Government largess for one's physical needs; and the deliberate inculcation of confusion and fear in the masses, effectuated through a targeted campaign of systematic predation on the polity that is unable to effectively defend itself because firearms will have been universally banned.It was all on constant, ignominious display throughout the hearing. And through it all Judge Barrett remained noticeably and notably calm but alert; courteous; unruffled; even, at times, convivial. And that must have enraged Senate Democrats even more; their vote against confirming Judge Barrett to a seat on the High Court a foregone conclusion, a vote that Senate Republicans, fortunately, do not or ought not need._______________________________________________
ON THE DOCTRINES OF PRECEDENT AND SUPER-PRECEDENT IN U.S. SUPREME COURT CASE LAW
A legitimate, perceptive question for Judge Barrett—one that has been asked of previous nominees but, was not asked of her, during the hearing, or otherwise was not dealt with in any extensive appreciable way—involves the judicial doctrine of case law Precedent, referred to as Stare Decisis. The Cornell Law School website defines ‘Stare Decisis,’ thus:“Stare decisis is Latin for ‘to stand by things decided.’ In short, it is the doctrine of precedent.Courts cite to stare decisis when an issue has been previously brought to the court and a ruling already issued. According to the Supreme Court, stare decisis ‘promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process.’ In practice, the Supreme Court will usually defer to its previous decisions even if the soundness of the decision is in doubt.” Democrats on the Senate Judiciary though weren't interested in eliciting profound, insightful responses from Judge Barrett on that score, which they certainly could have obtained had they bothered to ask her to expound upon the the doctrine of stare decisis. Judge Barrett would certainly have been inclined to elaborate on that matter. But, Democrats weren't interested in that or on any other jurisprudential or juridical subject of any real significance. They were only interested in, or mostly interested in, scoring political points to help them get the feeble, frail Joe Biden over the finish line in November, and in maintaining a majority of Democrats in the House, and taking control of the Senate. If successful, that would give them all the power they would ever need "to pack the High Court" with their lackeys, thereby neutralizing Judge Barrett's seat on the Court.So caught up were Senate Democrats in the frenzy of the moment that, what otherwise could have been a profitable, informative confirmation hearing, devolved, by turns, into, one, a harangue against Trump; two, an annoying, uncalled for, insulting accusation that Judge Barrett must be a pawn of the President; three, a demand that Judge Barrett recuse herself on this, that, or the other case that might happen to come before her once she is seated on the High Court; four, incessant odious, presumptuous, recitations of Democrat Party policy positions that Judge Barrett was compelled to suffer through; five, insulting innuendoes concerning Judge Barrett's private life and personal religious convictions; and, six, an extended, extensive Democrat Party campaign advert in support of the Harris/Biden ticket.During the hearing, Senate Democrats made manifestly and adamantly clear their fervent desire and their firm intention to raise both abortion on demand and the ACA to the level of fundamental rights, and, as if that weren't enough, they audaciously sought Judge Barrett's imprimatur on abortion and the ACA. They never obtained it. Senate Democrats also made abundantly clear their vehement abhorrence of the right of the people to keep and bear arms and of their deep-seated, enduring wish to reduce a clear illimitable, immutable, unalienable, fundamental, natural right—the right of the people to keep and bear arms—to the status of a mere Governmental privilege, to be bestowed upon and rescinded at the whim of Government bureaucrats.Had someone but troubled to ask Judge Barrett to expound on a paper she had written on the very subject of stare decisis, she would have acknowledged that resolution of Constitutional issues is not always clear-cut, thereby ameliorating, perhaps, some of the harsh criticism leveled against her by Senate Democrats. Then, too, if Senate Democrats devoted more time eliciting critical juridical doctrinal ideas from the nominee and less time delivering heated polemics and exhibiting fits and bursts of histrionics, the confirmation hearing could have been, and likely would have been, much more productive. Alas, they didn't; and, it wasn’t.In her article, written for a symposium on Constitutional disagreement, Judge Barrett laid out her thesis on U.S. Supreme Court precedent, thus:“Over the years, some have lamented the Supreme Court's willingness to overrule itself and have urged the Court to abandon its weak presumption of stare decisis in constitutional cases in favor of a more stringent rule. Stare decisis purports to guide a justice's decision whether to reverse or tolerate error, and sometimes it does that. Sometimes, however, it functions less to handle doctrinal missteps than to mediate intense disagreements between justices about the fundamental nature of the Constitution. Because the justices do not all share the same interpretive methodology, they do not always have an agreed-upon standard for identifying ‘error’ in constitutional cases. Rejection of a controversial precedent does not always mean that the case is wrong when judged by its own lights; it sometimes means that the justices voting to reverse rejected the interpretive premise of the case. In such cases, ‘error’ is a stand-in for jurisprudential disagreement.”A lesser known, quasi-judicial, principle, that of ‘super-precedent,’—was raised by Senate Democrat Amy Klobuchar, but, unfortunately, wasn't pursued. Senator Klobuchar simply brought up the principle to emphasize and to capitalize on a Democrat Party talking point. She wanted to know whether Judge Barrett thought that Roe vs. Wade was so fixed in Supreme Court precedent that it could not or should not be overruled, which is to say that it should be perceived, then, as a super-precedent.Judge Barrett rightfully demurred. The pointed question pertaining to Roe vs. Wade was altogether inappropriate, and Judge Barrett respectfully, but firmly, declined to take the bait.In any event, Roe vs. Wade may be cast in stone as some people see it, but that is no reason to believe its precedential value is beyond reasonable legal dispute.The fact remains that Roe vs. Wade was a bizarre attempt at a judicial “squaring of the circle.” Yet, it was no more than a crude attempt to create a fundamental right out of whole cloth. Still, notwithstanding that some people strenuously and indefatigably, albeit bizarrely, extol that ruling as a thing sacrosanct and inviolate, is not to mean that the ruling carries with it or should carry with it some paramount attribute or weight and must, therefore, never be overruled—only enhanced, if anything, to the point where the murder of a child is lawfully permitted up to the moment of live birth.In fact, New York Governor Andrew Cuomo’s law on abortion does allow for abortion up to the very moment of birth, contrary to Cuomo’s claims that the new, strengthened, New York law is consistent with Roe vs. Wade. It isn’t. Cuomo is either a liar or ignorant of the import of his own law because the word ‘abortion’ has been excised from the New York Criminal Code. The AQ has explained Cuomo’s duplicity on this issue.On the other hand, in contradistinction to Roe vs. Wade, one might ask if Heller vs. District of Columbia is super-precedent case law. Senate Democrats and other political and social progressives would argue it isn’t, predicated, no doubt, on their abject abhorrence of and repugnance toward firearms and firearms' possession, which raises an aesthetic and/or psychological argument against the Second Amendment, not a pertinent legal one.The critical legal question in Heller was whether the Second Amendment embraces an individual right.The High Court Majority held that the Second Amendment—the Majority Opinion written by the late, eminent Associate Justice, Antonin Scalia—does embrace an individual right; and that it does so on logical, as well as legal, grounds; for were it not so, then the right codified in it would be reduced to a nullity and there would have been no point to it.Heller, unlike Roe vs. Wade, must, then, be construed as a manifestly super-precedent ruling: a ruling that resists overturning lest irreparable damage be done to the Bill of Rights itself and, no less, to the sovereignty of the American people whose sovereignty is only assured through force of arms; the principal bulwark against the inexorable slide toward and inevitable onset of tyranny.But, assuming arguendo that Heller were to be overruled—something well within the realm of possibility if the Democrats make good their threat “to pack the Court” if they gain control of the Executive and of the Senate, and a Second Amendment case then wended its way to the Court. But, for Heller to be overturned, a High Court majority would be compelled to opine that the original holding was wrong, which is tantamount to saying the Second Amendment has no meaning at all. But Democrats wouldn’t have a problem drawing that conclusion anyway. Yet, it is patently absurd to say the Second Amendment has no import. From a logical point of view, apart from the legal certainty, the Second Amendment does embrace and must embrace an individual right. So the Heller ruling that the Second Amendment codifies an individual right is dead-on correct. This brings us to Senator Dick Durbin, Democrat, Illinois, and to his singularly odd remarks during the hearing. For all that he had to say about firearms, it would have been interesting if he had had the wherewithal to broach the import of, and the historical imperative of the Second Amendment, with Judge Barrett—instead of going on about black powder muzzle-loaders as if he had any idea what he was talking about, anyway. But he didn’t. And that is just as well, for Senator Durbin obviously has no comprehensive knowledge of nor appreciation for the technical characteristics of firearms; nor does he care one whit about the sacred, natural, immutable, unalienable right of the American people to keep and bear them._____________________________________________________________Copyright © 2020 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
SEDITIOUS PRESS AND RADICAL LEFT DEMOCRATS GO TO BAT FOR CHINA, NOT TRUMP, DURING GLOBAL PANDEMIC CRISIS
PART FOUR
CHINA AND RADICAL LEFT DEMOCRATS WELCOME ECONOMIC DEVASTATION WROUGHT BY CHINESE CORONOVIRUS TO HASTEN DEMISE OF A FREE CONSTITUTIONAL REPUBLIC
The seditious Press and the Democrat Party leadership, along with the other Radical Left members of Congress, assail Trump in his efforts to protect this Nation and its people in the midst of the worst pandemic to hit both the U.S. and the world since the Spanish Flu pandemic of 1918, over a century ago. But, even as the Press and Democrats continue to assail the U.S. President, they either ignore, or defend, outright, China’s response to the plague, notwithstanding that the Coronavirus arose in China, and notwithstanding that, far from acting as a harbinger of the danger to the world presented by this novel and deadly virus, China’s Premier Xi Jinping hid the spread of the virus in China, for several weeks, “silencing” medical practitioners in Wuhan who sounded the alarm, or who sought to sound the alarm, and denying access of medical CDC experts from the U.S., willing to risk their own lives to assist China in containing the spread of the disease.Premier Xi has, as a matter of policy, either permitted or orchestrated the rapid dissemination of the virus across the world: hitting Italy, Spain and, ultimately, the U.S., particularly hard.Arguably, Premier Xi and his Government deliberately abetted the spread of the virus across the world. This would be consistent with his objective, not merely to enhance China’s prestige in the world but to make China the preeminent power in the world.Undoubtedly, the Autocratic Communist Regime of Xi Jinping poses the gravest economic, military, and geopolitical threat to the security and well-being of our Nation and people since the mid-twentieth century, when the USSR posed the greatest threat to our national security. Was the release of the viral plague upon the U.S. and upon the rest of the world, a secretive, diabolical component of Premier Xi’s geopolitical strategy to acquire economic dominance over the U.S.? Conceivably!In one respect, China poses a greater threat to the preservation of a free Constitutional Republic than the USSR ever posed. One could never imagine the USSR buying up our Nation's assets. But, during the last decade, China has been doing just that: quietly purchasing our Nation’s real estate and industrial assets. Why would a powerful enemy nation go through the trouble of attempting to destroy another powerful nation militarily, when that enemy might feasibly, by keeping an enemy nation intact, take over that nation's assets and resources, using those assets and resources to extend its own power and influence?China is adept at using our own market principles and the naked greed of pseudo-Americans against us; relying on pathological, ruthless, amoral business interests and, worse, ruthless, amoral members of our own Government, willing to sell out our Nation for their own short-term personal gain.Hillary Clinton represents one textbook example of a pseudo-American who shamelessly, unabashedly had used her position as Secretary of State in the Obama Administration for personal gain, amassing a fortune for herself, her husband, and her daughter. One can imagine how Hillary Clinton might have misused the Office of the Chief Executive of the Nation to extend that personal fortune a hundred-fold or a thousand-fold, profaning the Constitution, and irreparably harming the Nation and its people. And, then there is Joe Biden, the Democrat Party's remaining nominee (among a stellar cast of also-rans) for U.S. President, who, as Obama's Vice President, happened to make a tidy sum for himself and his son, selling our Country out to China. As reported in Breitbart:“In 2013, less than two weeks after accompanying his father on an official visit to Beijing–and despite his lack of pertinent expertise–Hunter Biden secured $1 billion (later raised to $1.5 billion) from the state-owned Bank of China for his newly formed investment firm, Bohai Harvest RST (BHR). This was in addition to the first-of-its-kind deal the Chinese government awarded Biden’s private equity firm Rosemont Seneca in the recently formed Shanghai Free-Trade Zone, a deal that allowed the firm to focus on international acquisitions.‘With the backing of the state-owned Bank of China, one of the country’s ‘big four’ financial institutions, BHR had access to the types of deals that most Western firms only dreamed of, including IPOs of state-owned companies,’ Schweizer and McLeod write, noting that Biden’s firm “invested in strategically sensitive assets in both China and the United States.”One can only imagine the sort of shady deals Biden would make with China's Premier Xi if Biden were to become U.S. President: Xi and Joe, business partners—Xi using Joe for a sinister purpose; to extend the power of China throughout the world; and Joe, using Xi, for a most ignoble, seditious purpose; making a killing for himself and for his family, enabling the Bidens to retire in regal splendor, perhaps on Bora Bora, for the rest of their natural lives. And, now Joe has the endorsement of Bernie Sanders, Elizabeth Warren, and, yes, ex-President, Barack Obama, himself. No contested Democrat convention, after all. How wonderful. China's Xi must be chomping at the bit, hoping against hope that Biden would indeed emerge as the U.S. President in the coming General Election: Biden, the Democrats' crowning achievement, and the true Manchurian Candidate for U.S. President. China definitely has an interest in buying up American assets. The website, usnews.com reported alarming purchases by Chinese interests of our Nation's assets in the last five years, especially:“The concept of ‘Made in America’ is slowly giving way to ‘Made by China’ in America,’ as Chinese investors are increasingly snatching up U.S.-based companies and assets and raising the eyebrows of some regulators and market spectators.Since the turn of the new year, Chinese suitors have either announced interest in or closed on several multibillion-dollar acquisitions of American institutions, such as General Electric's appliance wing, construction manufacturer Terex, Starwood Hotels, California-based tech company Ingram Micro and finance and production outfit Legendary Entertainment.And although the full value of the deal has yet to be publicly unveiled, the Chicago Stock Exchange announced in February that it planned to be acquired by the China-based Chongqing Casin Enterprise Group at some point later in 2016.‘This proposed acquisition would be the first time a Chinese-owned, possibly state-influenced firm maintained direct access into the $22 trillion U.S. equity marketplace,’ a group of congressional representatives said in a letter to a top Treasury Department official back in February, requesting a ‘full and rigorous investigation into this proposed acquisition to address our concerns and provide clear information to the American people.’Chinese foreign direct investment into the U.S. hit a record $15.7 billion in 2015, up 30 percent from the year prior, according to economic analysts at the Rhodium Group. A separate Rhodium report published last month estimated 83 percent of America's congressional districts were home to some form of Chinese investment.In few industries is China's investment growth more apparent than real estate. A report published Sunday by the nonprofit Asia Society and the Rosen Consulting Group estimates Chinese buyers between 2010 and 2015 spent at least $93 billion on American residential property, with total expenses rising at an average annual rate of about 20 percent each year.Over that period, Chinese companies and individuals also bought up at least $17.1 billion in existing office buildings, hotels and other commercial buildings on U.S. soil. By the end of 2015, the report found, China was the source of at least $350 billion in U.S. real estate holdings and investments, and costs for Chinese-backed construction projects in the U.S. had climbed to at least $15 billion.‘Chinese direct investment in U.S. real estate was negligible until 2010 but has since grown dramatically and visibly,’ the report said. ‘While it is not as politically sensitive and does not directly impact national security as does Chinese investment in U.S. technology or telecommunications, real estate affects more people and communities and involves policymakers at multiple levels.’To be sure, foreign investment is neither specific to China nor inherently problematic. In fact, American companies' own outbound investments in 2014 to countries around the world clocked in at more than $4.9 trillion, according to the Bureau of Economic Analysis.China's investments alarming to some American analysts. Beijing officials are heavily involved in China's private sector and have at times frozen the domestic stock market and changed other finance rules on the fly in the interest of economic self-preservation.So, when a Chinese investment group buys up, say, a major stock exchange in Chicago – or a group of investors throws billions of dollars into America's real estate sector – Beijing suddenly has an inroad to some of the gears that make the U.S. economy tick.‘The Chinese economy revolves around the artificial boosting of domestic firms,’ the U.S. members of Congress' February letter said. ‘Furthermore, government manipulation of currency in the Chinese marketplace continues to be an unresolved problem for the United States government.’So, is the rapid Chinese buying spree a political ploy? Is the Chinese government trying to infiltrate America's economic bedrock through the purchase of domestic companies and real estate assets?”Not exactly, says David Dollar, a senior fellow with the Foreign Policy and Global Economy and Development programs at the Brookings Institution. ‘I see most of this capital outflow is commercial, not strategic or political,’ Dollar said last month at an event in Washington. ‘I don't see much strategy there. I see diversification, which is a smart strategy for a very big investor.’Dollar said the eclectic pool of U.S. investments and holdings tied to the Chinese – including New York's Waldorf Astoria hotel, the national AMC Theatres cinema chain and Smithfield Foods, America's largest pork producer – isn't indicative of a coordinated political power play. Rather, he suggested Chinese companies – possibly at the behest of the Chinese government – are attempting to buy up international assets in a less volatile economy like America's. ‘By spreading out Chinese-owned assets, the country can better protect itself from an unexpected domestic crisis’ ” [like unleashing a viral plague on the U.S. and the rest of the world, perhaps? Hmm]. Note, this usnews.com article came out on May 17, 2016. But, in February 2020, after the unleashing of the Chinese Coronavirus on an unsuspecting world, the Brookings Institute issued this statement, on its website:“China has emerged as a truly global actor, impacting every region and every major issue area. To better address the implications for American policy and the multilateral order, Brookings experts are undertaking a two-year project intended to furnish policymakers and the public with a new empirical baseline for understanding China’s regional and global ambitions.”Perhaps David Dollar of the Brookings Institute would revise his May 2016 assessment, as provided to the usnews.com in light of recent events.If China had, for the past five years, an interest in gobbling up America's assets, that appetite will certainly continue, and will likely become even more voracious if Biden were to gain the White House.But China's interest in purchasing America's assets is not the only scurrilous activity China engages in. Chinese espionage activity is pervasive in our Nation. Consider one recent example, among many—and one implicating those connected with a premier U.S. academic institution, Harvard University. The Department of Justice (DOJ) issued this statement, on January 28, 2020:“The Department of Justice announced today that the Chair of Harvard University’s Chemistry and Chemical Biology Department and two Chinese nationals have been charged in connection with aiding the People’s Republic of China. Dr. Charles Lieber, 60, Chair of the Department of Chemistry and Chemical Biology at Harvard University, was arrested this morning and charged by criminal complaint with one count of making a materially false, fictitious and fraudulent statement. Lieber will appear this afternoon before Magistrate Judge Marianne B. Bowler in federal court in Boston, Massachusetts.Yanqing Ye, 29, a Chinese national, was charged in an indictment today with one count each of visa fraud, making false statements, acting as an agent of a foreign government and conspiracy. Ye is currently in China. Zaosong Zheng, 30, a Chinese national, was arrested on Dec. 10, 2019, at Boston’s Logan International Airport and charged by criminal complaint with attempting to smuggle 21 vials of biological research to China. On Jan. 21, 2020, Zheng was indicted on one count of smuggling goods from the United States and one count of making false, fictitious or fraudulent statements. He has been detained since Dec. 30, 2019.”China is stepping up its efforts on multiple fronts to press for world economic, geopolitical, and military dominance.This is a singularly depressing commentary on the present state of affairs in our Country. And, what is the seditious Press and other Anti-Constitutional elements within our Nation doing to sound the alarm over the threat posed by China to our National Security? Nothing. The Press and the Democrat Party Leadership and other Radical Left members of Congress, along with the Bureaucratic Deep State, seem, rather, fixated on Russia, a minor player in present world affairs, and no appreciable threat to our Nation when compared to the present and dire threat posed by China. In fact, this seditious Press, the Democrat Party Leadership, and Radical Left members of Congress, along with the Bureaucratic Deep State seem intent on either ignoring China or defending China and Chinese interests; and portraying the Globalist elites of Europe, who embrace the concept of, and are working toward, the creation of a unified transatlantic Government, comprising the EU, the U.S., and the Commonwealth Nations, as our friends; all the while denigrating, besmirching, antagonizing, and working endlessly on the task of undermining our own President, Donald Trump, who is attempting to place our Nation's interests first, and who is attempting to preserve the independence and sovereignty of the United States. Imagine that! This sorry state of affairs points to the colossal and imminent danger to both the preservation of a free Constitutional Republic and to the preservation of the fundamental, immutable, and unalienable rights and liberties of the Nation’s citizenry that reprehensible, disruptive, disreputable forces--both inside and outside our Nation--continuously pose for our Nation and for our people._____________________________________Copyright © 2020 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.