The first question in the third Presidential debate was about the Supreme Court and how it should interpret the Constitution. Hillary Clinton’s preposterous answer disqualifies her from the Presidency.
Unfortunately, we’ve come to a depressing moment in American history when political-media establishment abhors those of us who cite the Constitution’s limits on the power of the Federal government, or call for Congress and the President to actually obey the Constitution. We’re shouted down and called extremists or insane, or bigoted. Thus, Chris Wallace’s first question as he moderated the third and final Presidential debate, was a heroic act in defiance of the the establishment.
CHRIS WALLACE: The first topic is the Supreme Court. You both talked briefly about the court in the last debate, but I want to drill down on this, because the next president will almost certainly have at least one appointment and likely or possibly two or three appointments. Which means that you will, in effect, determine the balance of the court for what could be the next quarter century.
First of all, where do you want to see the court take the country? And secondly, what’s your view on how the Constitution should be interpreted? Do the founders’ words mean what they say or is it a living document to be applied flexibly according to changing circumstances?
The second part is most important because it summarizes what has been THE fundamental conflict in Constitutional interpretation and Supreme Court decisions for a century. It is the difference between “the conservative wing” and “the liberal wing” of the current Court. So-called “Conservatives” who should be called “originalists” decide based on the actual text of the Constitution and the law. The so-called “liberal wing” largely ignores the actual text of the Constitution, substituting the opinions of modern elites as to what it might say if they wrote it today.
Let’s look at Mrs Clinton’s answer
You know, I think when we talk about the Supreme Court, it really raises the central issue in this election, namely, what kind of country are we going to be? What kind of opportunities will we provide for our citizens? What kind of rights will Americans have?
- The Constitution absolutely does not empower nine, non-elected judges to decide anything as expansive and ambiguous as “what kind of country are we going to be.” That outcome will be determined by the will and actions of 300 million individual people.
- In her question, “what kind of opportunities will we provide for our citizens?” who does Hillary mean by “WE”? Of course, among the elites in her progressive bubble “we” is always government. The Constitution does not empower the Supreme Court, or any branch of the federal government to “provide” opportunities, or to “decide” which opportunities to allow.
- Her question, “what kind of rights will Americans have?” has already been answered in the body of the Constitution and the First ten amendments. The legitimate job, indeed the sworn duty of judges is to protect our rights from being violated by government. Period.
And I feel strongly that the Supreme Court needs to stand on the side of the American people, not on the side of the powerful corporations and the wealthy.
For me, that means that we need a Supreme Court that will stand up on behalf of women’s rights, on behalf of the rights of the LGBT community…
Next, Hillary trashed the Court’s Decision in the case Citizens United VS FCC, in which the Court overturned one small part of a 36 page law with dozens of parts, called McCain Finegold. The purpose of the overturned provision was Unconstitutional restraint on free speech and press. Hillary ended up with…
I feel that at this point in our country’s history, it is important that we…stand up and basically say: the Supreme Court should represent all of us.
[T]he justices that I am going to appoint will interpret the Constitution the way the founders wanted it interpreted. And i believe that’s very, very important. I don’t think we should have justices appointed that decide what they want to hear. It’s all about the Constitution, and so important, the Constitution the way it was meant to be.