Senate Confirms Kagan as 112th Justice

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The founders put together a structure for out government that called for each branch of government to balance the other two. The legislature was supposed to make just laws, the executive was supposed to carry out the laws, and the judiciary was supposed to be the "referee" abiding by the "rule book" of the Constitution. Unfortunately, the legislature and the executive branches are running largely unchecked by a judicial branch that makes up the rules as it goes along. Elena Kagan will fit right in - brilliant on legal theory, but lacking an understanding of the underlying philosophies upon which the stability of our government relies.
There is already an underlying flaw in the Constitution that puts the liberty of ordinary citizens (We the people) at risk. The Constitution is essentially a contract between the people and the government. If there is a dispute about individual liberty (say, for example, about the government forcing the people to buy something they don't want) then an independent authority ought to rule on the dispute. Unfortunately, the creator isn't available, so we end up with the government ruling on whether it is acting correctly. When we have a judiciary that does not maintain high judicial standards, we have no justice.

Jim of MI 8:40PM August 06, 2010

I suspect that this is not the "infamous" Michael Moore of movie fame, but nonetheless his salacious humor lacks, what should I call it, oh, humor.

Michael P. Wein of NY 11:01AM August 06, 2010

The formerly great Republican party, a party that believed in precedent, once again "made up" their new rules to fit the occasion. There was no doubt that Kagan was qualified, as much so or more so than previous nominees by either party going all the way back to the beginning of our democracy.
But the vote this time, with only a few Republicans voting for, is the worst example of partisanship imaginable. I pity the future nominees to the court and the future of this country. If someone does not step up soon, we will all be not just embarrased but well on our way to becoming a banana republic.

Michael Wein of NY 10:58AM August 06, 2010