Wednesday, October 19, 2005

Column: Regarding the Harriet Miers Nomination

Do a search for Harriet Miers on the web sites of The Jerusalem Post, Ha’aretz, and Arutz 7, and you find nothing. That’s interesting considering that her possible appointment to the Supreme Court may have a considerable impact on the direction America takes over the next decade or more -- no doubt greatly impacting the world and Israel.

What’s my opinion? I am with those that hope she withdraws, forcing President Bush to nominate someone who has a record of originalist opinions that can be relied upon. Another Blackmun, Kennedy or Souter – Republican appointments gone astray – would be bad for America and bad for Israel. Judicial activism that pushes for progressive causes and the looking towards international law and precedent not only dilutes American sovereignty, it is a great encouragement to the Judicial Imperialism of the High Court of Israel which in its post-Zionist drive to become part of a transnationalist and post-democratic EU/new middle east would be greatly encouraged by the subjugation of the American Constitution to those diluting forces. Not only would I hate to see that happen, I am greatly concerned about it.

On the other hand, a truly conservative appointment would mean that the Supreme Court’s activism would be reigned in and looking to international law and precedent would end – or be consigned to dissenting opinions. For the Israeli High Court, this could make the difference between having a co-traveler in the legal deconstruction of the nation-state or the opposite – a contrasting and disturbing reminder that the Israeli High Court is choosing a course of its own will, not born of American pressure and example, and a clearer perspective, through contrast, of what just exactly it is doing. That perspective, and an example set in America resisting the swallowing up of sovereign law into the progressive transnationalism of international law, precedent, and tribunals, might even help bring public awareness in Israel to the point where real change to the old-boy network of internal Israeli judicial appointments of leftist elitist judges might become possible through reform of the apparatus of appointments. That change is one that is recognized as needed by a vast majority of Israelis who know that the High Court is completely out of touch with them.

So, while the appointment of Harriet Miers might seem of little interest to Israel, I think the opposite is true and while it may be, as president Bush assures us, that Harriet Miers is a true conservative in the spirit of Justices Rehnquist, Thomas, and Scalia, the president’s assurances of “trust me” shouldn’t be enough for conservatives who have been working long and hard towards this opportunity to fill the next vacancies on the Court.

At stake for America in the long run may be American sovereignty itself. International law applied to the United States in the way that Justices Breyer, O’conner, and Kennedy have advocated would clearly be a blow to American sovereignty just as John Kerry’s election eve proposal of a “global test” for the use of American forces would have been had he been elected.

I know that I am sensitive to these issues as a result of living here in Israel, a country where post-nationalist elites have taken control of the country and moved it in a direction that follows the direction the EU has taken – a transnational one where unelected buerocrats in the EC hold great power over legislation and unchallenged power over economic and foreign policy matters. The EU has set the trend and it is attractive to elites on both the right and left that seek to amalgamate power but in the end it means the end of the nation-state as a truly sovereign entity and with it American Exceptionalism or a Jewish state, as the case may be. So it is, that I see Israel as a canary in the coalmine for America because Israel has gone further down that road, being as it is, unprotecting of the will of the people due to the lack of constitutional restraints, a fault laden party system that lacks seperation of powers and truly representative government, and a High Court full of elites that appoint themselves.

And so, I would much prefer that America returns to original intent, protects its sovereignty, and holds off the transnational horde. There is a lot at stake for America and the world and the nomination of Harriet Miers is at the very heart of it.

Chag Samayach!


Blogger Avi Green said...

That's why I don't read the Jerusalem Post, Haaretz, or even Yediot Achronot and Maariv, anymore. But that's not the only thing they've shown little to zero interest in - what about Air America Radio's money scandal, or even the university student at Norman, Oklahoma, who tried to carry out a suicide bombing at the stadium there? What about ABC radio host Michael Graham's being fired for speaking out against Islam, because CAIR pushed ABC to do so, or even the scandal of a design architech who proposed doing a memorial to the people who perished on Flight 93 near Pittsburgh in the shape of an Islamic crescent? To learn about those, I have to go to such blogs as Michelle Malkin's, Brian Maloney's, and even the Jawa Report in order to find out.

It's not just a subject like the Harriet Miers nomination that they show disinterest in, but a whole lot of other subjects as well. And that's why more and more people are seeing it as better to take interest in the internet, since there, there are more responsible people discussing these subjects than in the newspapers.

7:42 AM  
Blogger Eliyahu m'Tsiyon said...

Barry, I find much to agree with in your blog posts. I live in Zion and face the same enemies that you do. But something annoys me, something very small like a pebble in your shoe. So you'll probably call me petty or pedantic.

I think that it's better to write the Hebrew letter Het as an H in transliteration, rather than as CH. First of all, English-speaking people who don't know Hebrew are likely to think that ch is pronounced as ch in cheese, or might be confused at best. Secondly, CH is a Germanic spelling for both the Het and the Khaf. Being Germanic is reason enough not to use it. Moreover, CH confuses the Het and the Khaf.
Otherwise, best wishes & shalom [true shalom], and you are invited to visit my blog and criticize and disagree with me, if you like.

10:26 PM  
Blogger Barry Freedman said...

Eliyahu, Thanks for the comment. I like your blog. I find it very informative. Glad to hear that you read my stuff and find yourself agreeing. I'll take your recommendations into consideration. Miers is gone. Who's gonna be next? We'll see.

5:34 PM  

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