(Article by Towne Criour republished from ArbalestQuarrel.com)
“Each new generation born is in effect an invasion of civilization by little barbarians, who must be civilized before it is too late.” ~ from A Conflict of Visions: Ideological Origins of Political Struggles, by Thomas Sowell, Economist and Social Theorist; Senior Fellow at the Hoover Institution, Stanford University.
Make no mistake about it: The United States is on the cusp of a civil war. It is a war fought not with swords, firearms, and artillery—at least not yet—but through throngs of people chanting and screaming in the streets; in buildings; on university campuses; and in the public square; even outside private residences. These throngs are threatening, ridiculing, harassing, and assaulting Americans who do not share their views, their sensibilities. And physical altercations and clashes have occurred. More of those are on the horizon; that is certain. No one should doubt it. The outcome of this modern conflict will have as deep and lasting effect on this Nation and on its citizenry as did the American Civil War.
In the present conflict, there can be no negotiation with or compromise between the two factions, for the gulf dividing them is too vast, the chasm too deep. The outcome of the present civil war will be profound. This conflict’s outcome will determine the Nation’s social, political, economic, and legal contours for generations to come.
Americans see the clash between the two factions playing out most aggressively, of late, through the Senate confirmation process of the President’s second nominee to the U.S. Supreme Court, Judge Brett Kavanaugh. Judge Brett Kavanaugh presently sits as a judge on the U.S. Court of Appeals for the D.C. Circuit. He is, by any estimate, a brilliant jurist with many years of judicial experience. No one should doubt that. No one can reasonably refute or rebut that. No matter. One faction intends to strike his nomination down.
Senate Democrats and Senate Republicans, sitting on the Judiciary Committee, pose, essentially, as proxies for the two factions in conflict. One faction supports confirmation of Judge Kavanaugh to the high Court and is working to see it happen. The other intends to prevent it. Few Americans remain on the sidelines. Both factions in this modern civil conflict know that the Judiciary—more so than Congress, or the Chief Executive—has power, predicated on the jurisprudential and philosophical predispositions of the Justices of the U.S. Supreme Court, either to strengthen or weaken the bedrock of the Nation: its Constitution. In their individual approaches to case analysis, through the methodologies employed, one vision of the Country sees actualization.
Democratic Party proxies, frantic and frenetic, fearing imminent confirmation of Judge Kavanaugh to the high Court, have lost all sense of decorum, all reason, all self-restraint. They have been unable to shoot holes in Brett Kavanaugh’s legal methodology; in his understanding of the law. That much is clear.
Democrats, and the public at large that tuned to the Confirmation Hearing, know that Bret Kavanaugh has a keen analytical mind; that he is legally astute; that his years of experience as a lawyer and as a jurist make him eminently qualified to serve on the U.S. Supreme Court. Democrats and the public at large know that Judge Kavanaugh has a deep, abiding respect for the Nation’s system of laws; for its Constitution; and for the Nation’s massive body of jurisprudence, accumulated over two centuries.
Democrats, and the lay public also know that Kavanaugh’s methodology for analyzing cases reflects respect for case law precedent; and for the plain meaning of statutes; and for adherence to “original intent,” when applying the U.S. Constitution to the facts of a case. And, as for the latter two points, there’s the rub. For, one faction seeks a jurist to sit on the high Court who has no qualms about legislating from the Bench: someone like Judge Merrick Garland,* a Judge, whose jurisprudential methodology and jurisprudential philosophy just happen to coincide with the political and social agenda championed by the previous U.S. President, Barack Obama, who nominated him to sit on the high Court—a jurist who would also be championed by the 2016 Democratic Party Presidential hopeful, Hillary Clinton who failed to get elected. Judge Brett Kavanaugh’s jurisprudential approach to case analysis and jurisprudential and ethical philosophies are antithetical to those of Judge Merrick Garland.
Knowing what is at stake, Democrats have become frantic, desperate. At the last minute, in a last ditch effort to delay, with the aim of ultimately derailing the confirmation of Brett Kavanaugh, Democrats have sought the last refuge of the hopeless: character assassination. As they could not successfully attack the man’s principles, his ability, his experience, they launched a vicious, audacious, reprehensible, despicable attack on the man himself.
Read more at: ArbalestQuarrel.com