The President is interviewing candidates to replace Justice Kennedy. The left is running misdirection and hate campaigns, and legal nerds and experts are all floating names as front-runners. For the media, the name is the big question. For Constitutional conservatives, the principles are what we care about for a Supreme Court nominee.
Our Supreme Court Nominee must adhere to the Constitution, and he or she must vote to end the abusive and expansionist role of the High Court. We want a swamp-free, all-natural constitutional conservative.
Here is what a real, all-natural, swamp-free, constitutional conservative nominee looks like:
Our nominee does not use the court to expand or contract rights, but instead limits government intrusion on rights and returns all nonfederal issues to the people.
Our nominee must be a 10th Amendment crusader.
Our nominee gives no deference to federal agencies on anything.
Our nominee does not permit delegation of lawmaking to federal agencies through bureaucratic “rule-making.” That’s an unconstitutional double-delegation legislative authority.
Our nominee is not a judicial protectionist and does not create artificial, court-made doctrines that are extra-constitutional, such as Stare Decisis.
Our nominee sees no constitutional rights for foreign aliens in our country illegally, but only permits them protections granted through ratified treaties by and between the countries.
Our nominee not only puts American Citizens first, it applies Constitutional rights and protections solely and exclusively to them.
Our nominee does not peer into the 14th Amendment to find new laws or rights.
Our nominee does not support the Constitutionally incorrect notion that the children of those who illegally entered our country receive birthright citizenship because geography trumps legality for the grant of citizenship.
Our nominee does not think illegal aliens have a Constitutional right to a K-12 public education, and therefore finds that Plyler v. Doe must be overturned.
Our nominee finds the Constitution silent on the issue of abortion and being lucid and capable of reading the 10th Amendment must overturn Roe v. Wade.
Our nominee can read, understands liberty, and recognizes that the Constitution does not permit government to regulate what we may grow to feed ourselves, and thus must overturn Wickard v. Filburn.
Our nominee does not think government has a role in telling people or companies to whom they must sell goods or services, from whom they may buy goods and services, and of what some goods and services must consist.
Our nominee thinks its powers are limited, and the courts below it are even more limited.
Our nominee looks at a case controversy not as an opportunity to increase his or her own power, or any power of either of the two other branches of Federal government. He or she sees only the opportunity to give power and liberty to the people.
I don’t know who that’s nominee’s name is right now, nor am I convinced such a person exists.
The left thinks the President’s potential nominees are all right-wing and out of the mainstream. That’s funny, I think they are grade-A establishment types and representatives of the status quo.
Give us a smart, sophisticated, principled conservative who will fight for the people using our Constitution. Surprise me by choosing a conservative who is neither of the swamp, nor has been packaged in a legal plant that contains swamp water.
Author: Richard Kelsey
Richard Kelsey is the Editor-in-Chief of Committed Conservative.
He is an Attorney, a former Assistant Law School Dean, Law Professor, and Virginia state court law clerk. Dean Kelsey was also the CEO of a technology company specializing in combating cyber-fraud. He is a regular commentator on legal and political issues in print, radio and on TV.
Rich graduated from George Mason law school, clerked for the Arlington Circuit Court, and later joined an AM LAW top 10 law firm practicing commercial litigation. He left the firm to be counsel and CEO to a consulting firm, rising to CEO of Turiss, LLC, a technology firm specializing in computer forensics, digital investigations, and fighting cyber-fraud through civil intel services and new technologies. Upon the sale of the company, Kelsey returned to Mason Law, where in the years before his return, he both taught at the school and served as President of the Law Alumni Association. Kelsey was the Assistant Dean for Management and Planning.
At Mason, Dean Kelsey taught legal writing and analysis and an advanced litigation seminar. In 2014 he was elected by the graduating class as the faculty speaker at their graduation. While serving the former George Mason Law, Kelsey conceived of, planned, and brought to fruition Mason’s Center for the Protection of Intellectual Property, known as CPIP.
Rich has appeared on radio, TV, and in print hundreds of times as both a legal expert and political and legal commentator. He provided the legal analysis for all stages of the Bob McDonnell trial and appeal for numerous outlets including NPR and WMAL. He writes on occasion for the American Spectator and CNSNews.com. He returned to private practice in September of 2016, and he is working on a book/expose on legal education.
In his free time, Rich is part of the baseball mafia of Northern Virginia, serving on numerous boards and as a little league and travel baseball coach.
Rich has many opinions, and they are his own. His Twitter handle is @richkelsey.