Kagan's Disdain For Constitutional Law

Judicial experience for a Supreme Court nominee is significant in that previous decisions are often the best indicator of the nominee’s interpretation of the law and the constitution. For a nominee such as Elena Kagan who lacks judicial experience their legal scholarship takes on increasing importance in determining their fitness to serve on the high court. Since the volume of Ms. Kagan’s legal scholarship is miniscule it would be prudent to examine her actions and decisions in her previous positions.   A healthy respect for the Constitution would seem to be a fundamental requirement for any person who would serve on the Supreme Court. In The Federalist No. 78, Alexander Hamilton wrote.The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act...(Read Full Post)