Progressives and the Declaration of Independence

In her Supreme Court confirmation hearings, Elena Kagan said she is a political Progressive and was dismissive of the Declaration of Independence, relying solely on the Constitution for legal decisions. That's a consistent position; Progressives don't like what the Declaration declares. U.S. courts follow stare decisis, meaning "to stand by that which has been decided before." They are supposed to follow established precedents; judges aren't to make things up as they go along. There are legislators for that. That leaves Progressives like Ms. Kagan stranded. Consider: U.S. law is the present end of a long line extending back through Western societies via England, Rome, and Jerusalem. U.S. law is firmly in the Judeo-Christian tradition, a looming presence in which are the Ten Commandments. Progressives are threatened whenever God turns up because they want to make the rules themselves; they don't want rules that, because they were handed down by God, they can't control. For...(Read Full Article)

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