Below is an extract of a post published on Medium titled "No, the US Constitution isn’t broken…yet"
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Via: Medium
But it is no doubt under considerable strain. The world watched last week as Supreme Court Justice nominee, Judge Brett Kavanaugh, ‘delivered the angriest partisan message heard from a Supreme Court nominee in modern times.’ And even that may be putting it lightly. So while the US Constitution has yet to fracture, we cannot ignore the massive strain it has just been placed under as we possibly witness the nomination of the most openly partisan Supreme Court Justice in US history. In the Federalist Papers, Alexander Hamilton, John Jay and James Madison set out both the qualifications for would-be judges and the rules by which they were to be selected to the highest court in the United States: “There can be but few men in the society who will have sufficient skill in the laws to qualify them for the stations of judges. And making the proper deductions for the ordinary depravity of human nature, the number must be still smaller of those who unite the requisite integrity with the requisite knowledge.” After witnessing most of Kavanaugh’s testimony at last Friday’s Senate Judiciary Committee session, integrity does not seem to fit so neatly. In fact, integrity is one of the last words that springs to mind when thinking back to how Kavanaugh comported himself. Combative. Rude. Angry. Emotional. Scornful. These words surface instead. But to circle back to integrity. It later emerged that perhaps Kavanaugh had not been quite as truthful with the senators when discussing his drinking. The nominee repeatedly dodged the question and found creative ways to deflect, illustrated in his exchange with senator Amy Klobuchar when he asked if she had blacked out from drinking. Still, Kavanaugh did not seem to give an honest answer to this issue during his testimony. That matters. It has since been claimed by classmates and others close to Kavanaugh that he had in fact been ‘belligerent and aggressive.’ He had also been seen ‘stumbling from alcohol consumption’ during his time at Yale Law School by fellow athletes who were close to him. It’s also worth noting that Kavanaugh was a member of Yale’s Delta Kappa Epsilon (DKE) fraternity in the late 1980’s, so from a credibility standpoint, it seems highly implausible that Kavanaugh — no matter how much time he spent at the library — got through four years of undergraduate study and three years in law school at Yale as a member of a fraternity without once blacking out from alcohol consumption. Still, even though no one expects their college exploits to come into focus during one of the most important job interviews of their career, if and when they do, it’s important that honesty prevail. As anti-hazing laws against “Hell Week” and fraternity initiations at university campuses were still decades away from coming into force, it’s easy to speculate that Brett Kavanaugh got drunk to the point of blackout at least once, his initiation into the DKE fraternity. (As an aside for those unaware, in 2010, en route to a 5-year ban from campus, DKE pledges chanted, “no means yes, yes means anal” among other things in front of the Yale Women’s Centre in case you’re wondering the caliber of fraternity we’re talking about here.) To get back to Hamilton and company though, Ian Loveland’s text on Constitutional and Administrative Law goes further on what these men had in mind when selecting judges for the Supreme Court: …both politicians and the judiciary themselves should regard the courts’ ‘interpretation’ of the law as a matter above factional politics. Politicians should thus forswear considerations of personal or party advantage in selecting members of the judiciary, while the judges themselves should exclude such considerations from their judgments. In a nutshell, politicians should put country above party when it comes to nominating Supreme Court Justices and potential judges should not make decisions regarding matters of law with respect to their political affiliations. In a land increasingly marked by its growing brand of tribal politics, this matters. And in light of Kavanaugh’s opening remarks and behaviour throughout Friday’s hearing where he openly wore his Republican badge on his sleeve, it matters all the more. Writing in The Atlantic earlier today Ronald Brownstein said, “[s]ince Kavanaugh declared his hostility to the Democratic Party and the left so openly and with such ferocity, it has seemed inevitable that tens of millions of Americans will never see him as an impartial judge.” And quite rightly. As the potential tie-breaking Justice on the Supreme Court, Kavanaugh’s presence would certainly have an impact on tens of millions of Americans’ lives. Taking women as one such demographic, abortion rights could hang on Kavanaugh’s vote and the US could potentially see Roe v. Wade overturned in the worst instance, or access to abortion severely curtailed at best. This might seem like nothing to some but the result would mean each state would dictate its own laws on abortion, putting a woman’s right to choose what to do with her own body on precarious footing. But why does this matter and of what relevance is it to the US Constitution? Integrity is defined as the quality of being honest and having strong moral principles. According to some of the original founders of the US Constitution AND the first Chief Justice of the US, integrity was outlined as one of the most important values a Justice must possess. So, how can Brett Kavanaugh gaining a seat on the Supreme Court be seen as anything other than a failure of this great institution and the principles it seeks to uphold? The role of the Senate Judiciary Committee is to examine the record of executive nominations in order to make a determination of whether or not a candidate is fit to hold office. There is currently an ongoing FBI investigation into Brett Kavanaugh that will perhaps shed more light and give senators of all political stripes, the information they need to make an informed decision. That is the best case scenario and not entirely likely. The worst case scenario as envisaged by Hamilton and others, is that Republicans senators fail to put country above party and confirm Kavanaugh just the same. Either way though, given Kavanaugh’s behaviour and comportment on Friday, the effects are sure to be lasting. With an openly partisan judge on the Supreme Court, tilting the scales of justice just so to the right, those effects may be far reaching as well. No, the US Constitution isn’t broken…yet was originally published in Extra Newsfeed on Medium, where people are continuing the conversation by highlighting and responding to this story.
