Green Mtn
location: Observing the Progressive madness with considerably less amusement.
listening to: Grandchildren, the best reason for saving the future.
registered: 2004.04.03
posts: 2617
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It took me a good while to locate these but if you follow this link
and scroll down the left side, you will find links to the complete
transcripts of the Roberts Confirmation Hearings for 12 Sept, 2005.
If it turns out you need to register, and would rather not, just
contact me and I will obtain them for you.http://seattlepi.nwsource.com/national/apwashington.aspThe reason I went to this trouble is contained in Joseph Bidens
remarks, which are interesting in the history he imparts and the
future he telegraphs.BTW...Did anybody notice the Mexican Troops behind the President
in his speech yesterday? Aren't those sorts of events micro
managed in every detail? Wonder what that was about?! LOL
Monday, September 12, 2005 · Last updated 3:32 p.m. PT
Roberts Confirmation Transcripts 4 of 10
http://seattlepi.nwsource.com/national/apwashington_story.asp?
category=1154&slug=Roberts%20Transcripts%204
THE ASSOCIATED PRESS
Text of John Roberts' hearing before the Senate Judiciary
Committee,
as transcribed by CQ Transcriptions: Part 4 of 10.
BIDEN: Thank you, Mr. Chairman.
Judge Roberts, welcome.
Mrs. Roberts, welcome to you.
I might note at the outset, I have never heard of or seen a federal
judge who was an independent. It's amazing what that life tenure
does. So I don't think you have any worry, Judge, about having to
cash in your independence. It's never occurred in my memory or in
my study.
And, Judge, I want to point out to my friends that it is true judges
didn't come before the committee in the past. But it used to be
required in the past you needed unanimous consent of the entire
Senate to get before the Senate. So, you know, there's some good
things and some bad things that have changed. Judge, as you
know, there's a genuine intellectual debate going on in our country
today over whether the Constitution is going to continue to expand
the protections of the right to privacy, continue to empower the
federal government to protect the powerless.
And it's a big debate. All you got to do is turn to any Web site:
American Enterprise Institute, left, right, center. It's a gigantic
debate. Hadn't occurred, as you and I both know, and my
colleagues know, in the last 70 years. It has not been this
contentious; not just the politics but the debate, the intellectual
debate.
For 70 years, there's been a consensus, Judge, on our Supreme
Court on these issues of privacy and protecting the powerless. And
this consensus has been fully, fully embraced, in my view, by the
American people.
But there are those who strongly disagree with the consensus, as is
their right. And they seek to unravel the consensus.
And, Judge, you are in the unenviable position, as we talked about
in my office, of being right in the middle of this fundamentally
important debate.
And quite frankly, Judge, we need to know on which side of that
divide you stand, for whoever replaces Justice Rehnquist, as well as
Justice O'Connor, will play a pivotal role in this debate and for tens
of millions of the American people, this is no academic exercise.
For the position you will take in this debate will affect their lives
in very real and personal ways for at least, God willing, the next
three decades. And there is nothing they can do about it after this
moment.
Judge, I believe in a Constitution -- as our Supreme Court's first
great chief who has been mentioned today, Justice Marshall, said in
1819, and I quote, a Constitution intended to endure for ages to
come and consequently to be adapted to the various crises of
human affairs.
That's the Constitution I believe in. That's the way I think we should
look at the Constitution.
At its core, the Constitution envisions ever-increasing protections
for human liberty and dignity for all its citizens and a national
government empowered -- empowered -- to deal with these
unanticipated crises.GM~ Is it just me, or am I wrong in thinking the Constitution and
Bill of Rights pretty well anticipated all of the necessary protections
of our liberties, and the Federal Government has been whittling
away at them ever since? Must be, just my imagination runnin
away with me...
Judge, herein lies, in my view, the crux or the intellectual debate I
referred to at the outset: whether we will have an ever- increasing
protection for human dignity and human liberty or whether those
protections will be diminished, as suggested by many in their
reading of the Constitution that says there are no unenumerated
rights -- there is a very narrow reading of the Constitution. In
1925 the Constitution preserved the rights of parents to determine
how to educate their kids, striking down a law that required
children to attend public school.
In 1965 the Constitution told the state to get out of married
couples' bedrooms by striking down a state law prohibiting married
couples from using contraceptions.
In 1967 the Constitution defended the right of a black woman to
marry a white man.
In 1977 the Constitution stopped a city from making it a crime for
a grandmother to live with her grandchildren.GM~ Never heard of this one. Details would be appreciated.
And, fortunately, even when the Supreme Court at first took the
Constitution away from the promise of hope of our Constitution's
ennobling phrases, in the end it has kept the faith.
In 1873, for example, the court said states could forbid women
from being lawyers. It took 100 years to undo this terrible mistake,
but the court eventually got it right.GM~ Should have forbidden all lawyering!-)
In 1896 the Supreme Court said separate but equal is unlawful. It
took 58 years for the Supreme Court to outlaw racial segregation,
throwing the doctrine into the dustbin of history, but it got it right.
In the early 1900s the court rendered the federal government
powerless to outlaw child labor, to protect workers. It took until
1937 for the Supreme Court to see the error of its ways, but it
finally got it right.
In every step we've had to struggle against those who saw the
Constitution as frozen in time, Judge, but time and again we've
overcome and the Constitution has remained relevant and dynamic,
thanks to the proper interpretation, in my view, of the ennobling
phrases purposely placed in what I refer to as our civic bible, the
Constitution. And once again, when it should be even more
obvious to all Americans we need increased protections for liberty
as we look around the world and we see thousands of people
persecuted because of their faith, women unable to show their
faces in public, children maimed and killed for no other reason
than they were born the wrong tribe; and once again, when it
should be obvious we need a more energetic national government
to deal with the challenges of the new millennium -- terrorism, the
spread of weapons of mass destruction, pandemic disease,
religious intolerance -- once again our journey of progress is
under attack.GM~ Do we need 'increased protections for liberty'? I think we
need protection from the congress and federal judiciary. Note too,
the mention of pandemic disease, like he's expecting it.
And it's coming from, in my view, the right. There are judges,
scholars and opinion leaders who belong to this group of people,
who are good, honorable and patriotic Americans. They believe the
Constitution provides no protection against government intrusion
into highly personal decisions like the Schiavo case, decisions
about birth, about marriage, about family, about religion.
There are those who would slash the power of our national
government, fragmenting it among the states in a new reading of
the 10th and 11th amendment.GM~ Sign me up!!! Wait a minute, wouldn't that be the original
reading?
Incredibly, some even argue, as you well know -- people won't
believe this -- but some are arguing today, in this constitutional
exile group, who argue that the national government has no power
to deal with what's going on in the Gulf at this moment.GM~ Well they certainly have no right to forcibly evict old women
from their homes. See the Fox News video of an old women
tackled by SFPD in New Orleans.
http://infowars.com/articles/new_orleans/
gun_grab_police_force_elderly_out_of_homes.htmThe are other, unvideoed reports of doors being kicked in and
American civilians being drug out by their hair.
Judge, I don't believe the Constitution -- I don't believe in a
constitution where individuals could, for very long, have
accomplished what we did had we read it in such a narrow way.
Like the founders, I believe our Constitution is as big and as grand
and as great as its people. Our constitutional journey did not stop
with women being barred from being lawyers, with 10-year-olds
working in coal mines or black kids forced in different schools than
white kids just because the Constitution -- in the Constitution,
nowhere does it mention sex discrimination, child labor,
segregation. It doesn't mention it.
Our constitutional journey did not stop then and it must not stop
now, Judge. And we'll be faced with equally consequential decisions
in the 21st century.
Can a microscopic tag be implanted in a person's body to track his
every movement? There's actual discussion about that.GM~ It's more than discussion if Joseph Biden is mentioning it.
Consider the Digital Angel device, it's very cool technology
designed to track you like cattle: http://www.verichipcorp.com/
Naturally it's not sold that blatantly anymore, but if you read
between the lines and do a little research, you'll have no difficulty
discovering it will be used that way.BTW, their stock has risen several hundred per cent this year. Wish
I'd bought more. Did you get some Pat?
You will rule on that -- mark my words -- before your tenure is
over.GM~ Confirmed in this remark. Do you get that indicator?! Not if,
but 'mark my words' you're going to have rule on this.
Can brain scans be used to determine whether a person's inclined
toward criminality or violent behavior?GM~ Another interesting indicator. I might add, you might think a
persons right to privacy is a given, which of course as evidenced
by the forcible removals of law abiding citizens in New Orleans we
should know is a farce:
You will rule on that.GM~ A simple declarative statement. Do you suppose ol' Joe Biden
knows stuff you choose to believe fantastic? 'Course he does.
And, Judge, I need to know whether you will be a justice who
believes that the constitutional journey must continue to speak to
these consequential decisions or that we've gone far enough in
protecting against government intrusion into our autonomy into
the most personal decisions we make.
Judge, that's why this is a critical moment. There are elected
officials in this government, such as Mr. DeLay -- a fine,
honorable, patriotic man -- and others who have been
unsuccessful at implementing their agenda in the elected branches.
So they have now poured their energy -- as the left would, if it
were different -- and now poured their energies and resources into
trying to change the court's view of the Constitution.GM~ Ol Joe's right about this being a 'critical moment' in our
history. Just for the wrong reasons. 'Course he's not a regular Joe
like you and probably won't be impacted the same as most of us.
No internee camps for Joe.
And now they have a once in a lifetime opportunity, the filling of
two Supreme Court vacancies, one of which is the chief and the
other is for associate justice -- the first time in 75 years.
Judge, I believe with every fiber in my being that their view of the
Constitution and where the country should be taken would be
disaster for our people.
Like most Americans, I believe the Constitution recognizes a
general right to privacy.GM~ And yet doors are being broken down in New Orleans and old
women are being tackled and forcibly removed from their
servicable homes. The National Media isn't showing all what's
going on. And Joseph Biden is saying squat. Anybody get the
import of this combination of facts.
I believe a woman's right to be nationally and vigorously protected
exists.GM~ Unless you're an old woman sitting quietly in your home and
FEMA wants you out.
I believe that the federal government must act as a shield to
protect the powerless against the economic interests of this
country.GM~ Since when? More double speak. Am I wrong?
And I believe the federal government should stamp out
discrimination wherever -- wherever -- it occurs.
And I believe the Constitution inspires and empowers us to achieve
these great goals.GM~ Wasn't the Constitution for, limiting all this interference in
private lives to begin with?
Judge, if I look only at what you've said and written -- as used to
happen in the past -- I would have to vote no. You dismissed the
constitutional protection of privacy as, quote, a so-called right.
You derided agencies like the Securities and Exchange Commission
that combat corporate misconduct as constitutional anomalies,
quote.GM~ Sounds like this Judge is a scary as Gonzalez. Privacy is 'a so-
called right'?
And you dismissed gender discrimination as, quote -- and I quote
--merely a perceived problem.
This is your chance, Judge, to explain what you meant by what you
have said and what you have written. That's what I said when I was
chairman. That's what this is about.
The Constitution provides for one democratic moment, Judge --
one democratic moment -- before a lifetime of judicial
independence.
This is that moment.
And when the people of the United States are entitled to know as
much as they can about the person we are entrusting with and
safeguarding our future, and the future of our children and our
grandchildren, Judge, as you know and we talked about, this is that
moment and this is what this hearing is about.
I thank you.SPECTER: Thank you, Senator Biden.
...if you wish to read Senator Kyl's remarks, follow the link above,
as it is contained in 4 of 10.
For some, their worst fears have arrived: blatant forced
confiscation of legally owned fire arms by Agents if the
Government; forced removal of honest Americans from their
homes. And best of all, although worse than Real ID, you can be
chipped like cattle and have your every move tracked! In fact, in
some places, it's already considered the sheik thing to do so you
don't have to carry a wallet or purse when you go clubbing.I can prove every word. Too bad, it is too late to do anything but
be alarmed. That is, the few who will be.
–--
“Restriction of free thought and free speech is the most dangerous of all subversions.” Wm O. Douglas
“Restriction of free thought and free speech is the most dangerous of all subversions.” Wm O. Douglas
G
Green Mtn
(view)
It took me a good while to locate these but if you follow this link
and scroll down the left side, you will find links to the complete
transcripts of the Roberts Confirmation Hearings for 12 Sept, 2005.
If it turns out you need to register, and would rather not, just
contact me and I will obtain them for you.http://seattlepi.nwsource.com/national/apwashington.aspThe reason I went to this trouble is contained in Joseph Bidens
remarks, which are interesting in the history he imparts and the
future he telegraphs.BTW...Did anybody notice the Mexican Troops behind the President
in his speech yesterday? Aren't those sorts of events micro
managed in every detail? Wonder what that was about?! LOL
Monday, September 12, 2005 · Last updated 3:32 p.m. PT
Roberts Confirmation Transcripts 4 of 10
http://seattlepi.nwsource.com/national/apwashington_story.asp?
category=1154&slug=Roberts%20Transcripts%204
THE ASSOCIATED PRESS
Text of John Roberts' hearing before the Senate Judiciary
Committee,
as transcribed by CQ Transcriptions: Part 4 of 10.
BIDEN: Thank you, Mr. Chairman.
Judge Roberts, welcome.
Mrs. Roberts, welcome to you.
I might note at the outset, I have never heard of or seen a federal
judge who was an independent. It's amazing what that life tenure
does. So I don't think you have any worry, Judge, about having to
cash in your independence. It's never occurred in my memory or in
my study.
And, Judge, I want to point out to my friends that it is true judges
didn't come before the committee in the past. But it used to be
required in the past you needed unanimous consent of the entire
Senate to get before the Senate. So, you know, there's some good
things and some bad things that have changed. Judge, as you
know, there's a genuine intellectual debate going on in our country
today over whether the Constitution is going to continue to expand
the protections of the right to privacy, continue to empower the
federal government to protect the powerless.
And it's a big debate. All you got to do is turn to any Web site:
American Enterprise Institute, left, right, center. It's a gigantic
debate. Hadn't occurred, as you and I both know, and my
colleagues know, in the last 70 years. It has not been this
contentious; not just the politics but the debate, the intellectual
debate.
For 70 years, there's been a consensus, Judge, on our Supreme
Court on these issues of privacy and protecting the powerless. And
this consensus has been fully, fully embraced, in my view, by the
American people.
But there are those who strongly disagree with the consensus, as is
their right. And they seek to unravel the consensus.
And, Judge, you are in the unenviable position, as we talked about
in my office, of being right in the middle of this fundamentally
important debate.
And quite frankly, Judge, we need to know on which side of that
divide you stand, for whoever replaces Justice Rehnquist, as well as
Justice O'Connor, will play a pivotal role in this debate and for tens
of millions of the American people, this is no academic exercise.
For the position you will take in this debate will affect their lives
in very real and personal ways for at least, God willing, the next
three decades. And there is nothing they can do about it after this
moment.
Judge, I believe in a Constitution -- as our Supreme Court's first
great chief who has been mentioned today, Justice Marshall, said in
1819, and I quote, a Constitution intended to endure for ages to
come and consequently to be adapted to the various crises of
human affairs.
That's the Constitution I believe in. That's the way I think we should
look at the Constitution.
At its core, the Constitution envisions ever-increasing protections
for human liberty and dignity for all its citizens and a national
government empowered -- empowered -- to deal with these
unanticipated crises.GM~ Is it just me, or am I wrong in thinking the Constitution and
Bill of Rights pretty well anticipated all of the necessary protections
of our liberties, and the Federal Government has been whittling
away at them ever since? Must be, just my imagination runnin
away with me...
Judge, herein lies, in my view, the crux or the intellectual debate I
referred to at the outset: whether we will have an ever- increasing
protection for human dignity and human liberty or whether those
protections will be diminished, as suggested by many in their
reading of the Constitution that says there are no unenumerated
rights -- there is a very narrow reading of the Constitution. In
1925 the Constitution preserved the rights of parents to determine
how to educate their kids, striking down a law that required
children to attend public school.
In 1965 the Constitution told the state to get out of married
couples' bedrooms by striking down a state law prohibiting married
couples from using contraceptions.
In 1967 the Constitution defended the right of a black woman to
marry a white man.
In 1977 the Constitution stopped a city from making it a crime for
a grandmother to live with her grandchildren.GM~ Never heard of this one. Details would be appreciated.
And, fortunately, even when the Supreme Court at first took the
Constitution away from the promise of hope of our Constitution's
ennobling phrases, in the end it has kept the faith.
In 1873, for example, the court said states could forbid women
from being lawyers. It took 100 years to undo this terrible mistake,
but the court eventually got it right.GM~ Should have forbidden all lawyering!-)
In 1896 the Supreme Court said separate but equal is unlawful. It
took 58 years for the Supreme Court to outlaw racial segregation,
throwing the doctrine into the dustbin of history, but it got it right.
In the early 1900s the court rendered the federal government
powerless to outlaw child labor, to protect workers. It took until
1937 for the Supreme Court to see the error of its ways, but it
finally got it right.
In every step we've had to struggle against those who saw the
Constitution as frozen in time, Judge, but time and again we've
overcome and the Constitution has remained relevant and dynamic,
thanks to the proper interpretation, in my view, of the ennobling
phrases purposely placed in what I refer to as our civic bible, the
Constitution. And once again, when it should be even more
obvious to all Americans we need increased protections for liberty
as we look around the world and we see thousands of people
persecuted because of their faith, women unable to show their
faces in public, children maimed and killed for no other reason
than they were born the wrong tribe; and once again, when it
should be obvious we need a more energetic national government
to deal with the challenges of the new millennium -- terrorism, the
spread of weapons of mass destruction, pandemic disease,
religious intolerance -- once again our journey of progress is
under attack.GM~ Do we need 'increased protections for liberty'? I think we
need protection from the congress and federal judiciary. Note too,
the mention of pandemic disease, like he's expecting it.
And it's coming from, in my view, the right. There are judges,
scholars and opinion leaders who belong to this group of people,
who are good, honorable and patriotic Americans. They believe the
Constitution provides no protection against government intrusion
into highly personal decisions like the Schiavo case, decisions
about birth, about marriage, about family, about religion.
There are those who would slash the power of our national
government, fragmenting it among the states in a new reading of
the 10th and 11th amendment.GM~ Sign me up!!! Wait a minute, wouldn't that be the original
reading?
Incredibly, some even argue, as you well know -- people won't
believe this -- but some are arguing today, in this constitutional
exile group, who argue that the national government has no power
to deal with what's going on in the Gulf at this moment.GM~ Well they certainly have no right to forcibly evict old women
from their homes. See the Fox News video of an old women
tackled by SFPD in New Orleans.
http://infowars.com/articles/new_orleans/
gun_grab_police_force_elderly_out_of_homes.htmThe are other, unvideoed reports of doors being kicked in and
American civilians being drug out by their hair.
Judge, I don't believe the Constitution -- I don't believe in a
constitution where individuals could, for very long, have
accomplished what we did had we read it in such a narrow way.
Like the founders, I believe our Constitution is as big and as grand
and as great as its people. Our constitutional journey did not stop
with women being barred from being lawyers, with 10-year-olds
working in coal mines or black kids forced in different schools than
white kids just because the Constitution -- in the Constitution,
nowhere does it mention sex discrimination, child labor,
segregation. It doesn't mention it.
Our constitutional journey did not stop then and it must not stop
now, Judge. And we'll be faced with equally consequential decisions
in the 21st century.
Can a microscopic tag be implanted in a person's body to track his
every movement? There's actual discussion about that.GM~ It's more than discussion if Joseph Biden is mentioning it.
Consider the Digital Angel device, it's very cool technology
designed to track you like cattle: http://www.verichipcorp.com/
Naturally it's not sold that blatantly anymore, but if you read
between the lines and do a little research, you'll have no difficulty
discovering it will be used that way.BTW, their stock has risen several hundred per cent this year. Wish
I'd bought more. Did you get some Pat?
You will rule on that -- mark my words -- before your tenure is
over.GM~ Confirmed in this remark. Do you get that indicator?! Not if,
but 'mark my words' you're going to have rule on this.
Can brain scans be used to determine whether a person's inclined
toward criminality or violent behavior?GM~ Another interesting indicator. I might add, you might think a
persons right to privacy is a given, which of course as evidenced
by the forcible removals of law abiding citizens in New Orleans we
should know is a farce:
You will rule on that.GM~ A simple declarative statement. Do you suppose ol' Joe Biden
knows stuff you choose to believe fantastic? 'Course he does.
And, Judge, I need to know whether you will be a justice who
believes that the constitutional journey must continue to speak to
these consequential decisions or that we've gone far enough in
protecting against government intrusion into our autonomy into
the most personal decisions we make.
Judge, that's why this is a critical moment. There are elected
officials in this government, such as Mr. DeLay -- a fine,
honorable, patriotic man -- and others who have been
unsuccessful at implementing their agenda in the elected branches.
So they have now poured their energy -- as the left would, if it
were different -- and now poured their energies and resources into
trying to change the court's view of the Constitution.GM~ Ol Joe's right about this being a 'critical moment' in our
history. Just for the wrong reasons. 'Course he's not a regular Joe
like you and probably won't be impacted the same as most of us.
No internee camps for Joe.
And now they have a once in a lifetime opportunity, the filling of
two Supreme Court vacancies, one of which is the chief and the
other is for associate justice -- the first time in 75 years.
Judge, I believe with every fiber in my being that their view of the
Constitution and where the country should be taken would be
disaster for our people.
Like most Americans, I believe the Constitution recognizes a
general right to privacy.GM~ And yet doors are being broken down in New Orleans and old
women are being tackled and forcibly removed from their
servicable homes. The National Media isn't showing all what's
going on. And Joseph Biden is saying squat. Anybody get the
import of this combination of facts.
I believe a woman's right to be nationally and vigorously protected
exists.GM~ Unless you're an old woman sitting quietly in your home and
FEMA wants you out.
I believe that the federal government must act as a shield to
protect the powerless against the economic interests of this
country.GM~ Since when? More double speak. Am I wrong?
And I believe the federal government should stamp out
discrimination wherever -- wherever -- it occurs.
And I believe the Constitution inspires and empowers us to achieve
these great goals.GM~ Wasn't the Constitution for, limiting all this interference in
private lives to begin with?
Judge, if I look only at what you've said and written -- as used to
happen in the past -- I would have to vote no. You dismissed the
constitutional protection of privacy as, quote, a so-called right.
You derided agencies like the Securities and Exchange Commission
that combat corporate misconduct as constitutional anomalies,
quote.GM~ Sounds like this Judge is a scary as Gonzalez. Privacy is 'a so-
called right'?
And you dismissed gender discrimination as, quote -- and I quote
--merely a perceived problem.
This is your chance, Judge, to explain what you meant by what you
have said and what you have written. That's what I said when I was
chairman. That's what this is about.
The Constitution provides for one democratic moment, Judge --
one democratic moment -- before a lifetime of judicial
independence.
This is that moment.
And when the people of the United States are entitled to know as
much as they can about the person we are entrusting with and
safeguarding our future, and the future of our children and our
grandchildren, Judge, as you know and we talked about, this is that
moment and this is what this hearing is about.
I thank you.SPECTER: Thank you, Senator Biden.
...if you wish to read Senator Kyl's remarks, follow the link above,
as it is contained in 4 of 10.
For some, their worst fears have arrived: blatant forced
confiscation of legally owned fire arms by Agents if the
Government; forced removal of honest Americans from their
homes. And best of all, although worse than Real ID, you can be
chipped like cattle and have your every move tracked! In fact, in
some places, it's already considered the sheik thing to do so you
don't have to carry a wallet or purse when you go clubbing.I can prove every word. Too bad, it is too late to do anything but
be alarmed. That is, the few who will be.
–--
“Restriction of free thought and free speech is the most dangerous of all subversions.” Wm O. Douglas
“Restriction of free thought and free speech is the most dangerous of all subversions.” Wm O. Douglas
