I thought my ears deceived me a couple days ago, when I heard a serious out and out lie where I least expected it, played out very deceptively in one of the “Neil Gorsuch” for Supreme Court Justice campaign commercials that is currently airing nationwide. It’s a HUGE example of the “ART OF DECEPTION” that is the hallmark of the Trump campaign, and it is very disturbing to say the least…
Let me set this up by saying that what Americans need from any judge is someone who is first and foremost both intellectually honest and objective, and who is committed to the rights and principles guaranteed to us by the Constitution.
That IS the definition of a “Constitutionalist.” A Constitutionalist is someone who pledges to adjudicate only based on the Constitution, and NOT on a “partisan” basis. A Constitutionalist understands that the most important function of any judge (the Judicial Branch of our government) is to be a critical check and balance to the other two branches.
OK, that said, I hope you will read on regarding the crafty “Trump-style” deception I discovered, currently being used in one of the latest “Gorsuch for Supreme Court” campaign commercials…
The commercial begins with the deceivingly encouraging pledge by Gorsuch that if appointed to the Supreme Court, he would absolutely be a “Constitutionalist” rather than a “partisan” judge. After all, like I said above, that is what most American’s would respect right?
We want someone who won’t be acting as a political puppet for the party currently in the majority. So the beginning of the commercial seeks to set that deceptive tone. But you have to really be paying attention, because the OPPOSITE truth that reveals the dishonesty of that opening statement comes shortly after, and occurs SO FAST the viewer of the commercial can easily miss it…
The commercial shows Gorsuch giving a public speech of some kind, in which he reveals the exact opposite when he states very succinctly: “It is the ROLE of judges to APPLY, not alter, the work of the people’s representatives.”
Does that sound like how the commercial began to describe him, as a “Constitutionalist”? No, his quote reveals the exact opposite. As I described above, the term “Constitutionalist” by definition means someone who is firmly dedicated only to the principles and rights of the people that are delineated and guaranteed in the U.S. Constitution.
By definition, any Constitutionalist will tell you they are a ‘check and balance’ to elected representatives trying to implement the ‘will of the majority’, especially when that democratic will of the majority may violate those precious Constitutional rights…
Often those can be rights of MINORITIES being threatened by the majority of the “people’s elected representatives”, as we have recently seen with Trump’s attempt at a travel ban that targeted Muslims specifically.
Sometimes Americans need to be reminded that our forefathers specifically stated that the U.S. Constitution was designed NOT TO BE A DEMOCRATIC document. Did you know that? Stop and think about the huge wisdom of that foresight by the founding fathers…Our most important national founding document and ultimate rule of law, the U.S. Constitution, is NOT a democratic document.
Specifically the “Bill of Rights,” which is the very FIRST part of the U.S. Constitution, is absolutely NOT democratic by design. It was designed that way in order to PROTECT the rights of those minorities that might be vulnerable, and come under “popular attack” and threat by the DEMOCRATIC MAJORITY in power (or “people’s elected representatives” as Gorsuch states in the commercial)
And our forefathers reinforced this NON-DEMOCRATIC guarantee of Americans’ Constitutional rights with some other elements as well, not the least of which was the design of the THREE BRANCHES OF GOVERNMENT, which as you know are Legislative (Congress), Executive (President) and Judicial (Appeals Courts and Supreme Court Justices).
From their personal bad experience under British law, our wise forefathers realized there had to be the check and balance of that critical THIRD branch, the Judicial Branch, whose primary fundamental duty is to NOT be a ‘rubber stamp’ of the people’s elected representatives (Executive and Legislative branches), but on the contrary, to especially protect minorities from potentially unconstitutional law making and over-reaching by those other two branches.
So in closing, it is beyond disturbing to see the attempt at deception with the way this Gorsuch campaign commercial begins, by falsely characterizing him as a “Constitutionalist”, but then only seconds later in the same commercial, by his own admission, he states his contradicting personal philosophy, saying “It is the role of judges to APPLY, not ALTER, the work of the people’s elected representatives.”
No Mr. Gorsuch, the ROLE of the Supreme Court Judge, and even the lower courts for that matter, is to be a CHECK AND BALANCE to the people’s elected representatives.
Let me put it another way…When you go out of your way to reveal your true philosophy, saying “It is the role of judges to APPLY, not ALTER, the work of the people’s elected representatives”, you would either be a bold faced LIAR or a schizophrenic in order to then try to characterize yourself as a “Constitutionalist”. Because by saying what you did, you described your judicial role as a ‘rubber stamp’ for the majority in power.
Fundamentally, a “Constitutionalist” understands their duty to the American people is the exact opposite…The primary duty and role that a judge has on the Supreme court is to guard against UNCONSTITUTIONAL actions and laws crafted by either of the other two branches of our government, that being Congress (legislative branch) and the President (Executive branch).
When you hear people tossing around the accusation of judges “legislating from the bench”, it is often misused. A judge who refuses to rubber stamp unconstitutional legislation is not “legislating from the bench”.
But someone like Gorsuch, who is on record even in this deceptive campaign commercial, saying he sees a judge’s role as only to ‘apply the work’ of the people’s elected representatives, THAT is “legislating from the bench”, when you are supposed to be a CHECK and BALANCE to such legislation, and only “apply” it on the condition that it meets your strict constitutional scrutiny.
I am attaching a link to this disturbing and deliberately deceptive commercial for you to watch: https://www.ispot.tv/ad/A0xw/judicial-crisis-network-gorsuch
(Connie Bryan is a writer in Sacramento CA…Check out all of her material on her website and blog at www.conniebryan.com)