Alito Should Know Better

Ack. One of my personal pet peeves has been tweaked by Judge Alito.

Courtesy of Powerline, to which John Hinderaker, comments "Wonderful."

"I don't think it's appropriate or useful to look to foreign law in interpreting the provisions of our Constitution," Judge Alito said in response to questions from Senator Tom Coburn, Republican of Oklahoma, in the third day of the judge's confirmation hearings before the Senate Judiciary Committee.

"I think the Framers would be stunned by the idea that the Bill of Rights is to be interpreted by taking a poll of the countries of the world," Judge Alito said. "The purpose of the Bill of Rights was to give Americans rights that were recognized practically nowhere else in the world at the time. The Framers did not want Americans to have the rights of people in France or the rights of people in Russia or any of the other countries on the continent of Europe at the time; they wanted them to have the rights of Americans."

The first part, I totally agree with... in terms of the first paragraph, I agree with Hindrocket. It is wonderful.

It's the second part of the statement that torques me off.

The Framers DID NOT GIVE US ANY RIGHTS the Constitution DID NOT GIVE US ANY RIGHTS and the Bill of Rights certainly did not "give us" any rights.

Rights are endowed by the Creator, or if your an atheist, at birth. No one gives them to you. They can only be taken away. The Bill of Rights sought to enumerate a certain set of rights, that the government has no ability to take away.

Don't believe me? Check the Preamble to the Bill of Rights.

THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution...

The first ten amendments (twelve originally proposed) were to restrict government, not to give us anything! The Framers had the idea, and the personal knowledge, that governments eventually constrict the freedoms of their people. They wanted to hamstring, for lack of a better term, the government from doing so, or even attempting to do so.

Judge Alito, soon to be Justice Alito, should know the difference.

He better know the difference.

A government that can give you a right is the same one that can take it away.

That's a disappointing answer in an otherwise phenomenal performance.

SCOTUS Posted by AlexC at January 11, 2006 2:45 PM