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Our previous post reveals the blatantly dishonest Commerce Clause precedent now used to abrogate the Constitution and embolden politicians like Speaker Nancy Pelosi to openly claim it grants to Congress unlimited power.

We presented the two most important questions Supreme Court nominee Elena Kagan must be forced to answer in her confirmation hearings:

Does the Constitution impose ANY limits on federal power to intervene, regulate or control The People’s personal lives or business activities?  If so, where in the Constitution does a Supreme Court Justice find those limits?

In this 80 second video Senator Coburn comes close to demanding an Answer from Ms. Kagan.  However, he is apparently uncomfortable with the silence as she struggles to find words that appear to answer without answering and he lets her off the hook.

It is imperative that  Senators bring the Commerce Clause issue to the attention of the public and the voters by demanding that Elena Kagan disclose her views.  She will likely refuse to answer but that refusal will reveal her agreement, that the Constitution no longer operates as a limit on government power.

In the video below Republican Senator Kyle, one of those we depend on to haul the truth out of this reluctant nominee, expresses the astounding view that it would be inappropriate for Ms. Kagan to tell the Senate and the public her views on the Commerce Clause!

I don’t want a Justice who goes into the court with an idea of how she wants to rule in certain cases, with a predisposed notion of how justice should come out.  I want her to read each case based on the facts and on the law and then decide it.

So what is the purpose of confirmation hearings?   If the Senate and the public isn’t even entitled to know if the nominee believes there are ANY Constitutional limits on Federal power then why even hold hearings?  Why not just wave her through by unanimous consent?  Why does the Constitution require the Senate to confirm the President’s nominee?

If Kyle’s prevails, Republican Senators will have let pass a rare opportunity to alert the American People to the dangers ahead.  There won’t be many more such opportunities.