DeLay DeNies DeTruth!

Tom DeLay Photo

Tom DeLay is going on the offensive. That is he is acting offensive.

He is now going after Justice Anthony Kennedy, an appointee to the United States Supreme Court by President Reagan in 1988.

Delay has stated:

"We've got Justice Kennedy writing decisions based upon international law, not the Constitution of the United States. That's just outrageous, and not only that, he said in session that he does his own research on the Internet. That is just incredibly outrageous,"

Tom DeLay is outrageous.

Justice Kennedy's majority opinion did not depend on International Law to make the decision. International Law was just used as a confirmation that the Court had reached an appropriate decision on the question of "cruel and unusual" punishment:

In saying that this strong expression of international sentiment "provide[s] respected and significant confirmation for our own conclusions," Kennedy lengthened the recent string of decisions in which the court has incorporated foreign views -- and decisively rejected the arguments of those on the court, led by Scalia, who say it should consider U.S. law exclusively.

Americans have a history of using Europe as a guide for our own Government. In a United States government website, the basis of our own government, and the role that the Magna Carta (1215) and other European traditions played in our own traditions and laws is described:

After independence, as they set about creating union and government, they relied on two sources of thought -- classic English political theory, and their own experiences. In the Articles of Confederation, the United States' first constitution, the framers relied more on theory, and aimed at creating a federal government that would avoid the problems associated with a strong central government, the very problem that had led to their revolt from Great Britain.

Americans have drawn upon England, Greece and Rome in understanding laws and government. Why should our Justices today be discouraged or even prohibited at considering international law when interpreting our own Constitution today?

DeLay continued his threats against the Judiciary:

"We've already passed six bills limiting the jurisdiction of the court in the last two years. They haven't gotten through the Senate but we're starting this body of thought. We have the opportunity to set up courts, we can also dismantle courts and re-organize them. We passed an amendment in September breaking up that leftist court in San Francisco, the 9th Circuit. We have plenty of opportunities and ways to hold the judiciary accountable,"

Dismantle courts? Re-organize courts? Maybe Majority Leader Tom DeLay is thinking about his successful "re-organization" of the Congressional Districts in Texas that already has gotten him into hot water!

Alexander Hamilton, in Federalist Papers 78 and 79, explained the importance of an independent judiciary in protecting against the dangers of legislative powers (had he foreseen Delay?):

If then the courts of justice are to be considered as the bulwarks of a limited constitution against legislative encroachments, this consideration will afford a strong argument for the permanent tenure of judicial offices, since nothing will contribute so much as this to that independent spirit of judges, which must be essential to the faithful performance of so arduous a duty.

Tom Delay's threats against the Judiciary must be stopped! Since 1803, in Marbury v. Madison, the Judiciary has been the final arbiter of the Constitutionality of Congressional Acts and actions. As pointed out again the United States website:

The critical importance of Marbury is the assumption of several powers by the Supreme Court. One was the authority to declare acts of Congress, and by implication acts of the president, unconstitutional if they exceeded the powers granted by the Constitution. But even more important, the Court became the arbiter of the Constitution, the final authority on what the document meant. As such, the Supreme Court became in fact as well as in theory an equal partner in government, and it has played that role ever since.

The Court would not declare another act of Congress unconstitutional until 1857, and it has used that power sparingly. But through its role as arbiter of the Constitution, it has, especially in the twentieth century, been the chief agency for the expansion of individual rights.

Tom DeLay and those who support him are dangerous to the very freedoms we cherish in this nation. He seeks to "dumb-down" our courts, preventing them from using the wisdom of the greatest legal minds around the world if they are not located in this country. He attacks the independence of the Judiciary and threatens to dismantle the courts or reorganize them.

Senator Kerry! America is calling out for your leadership today! America needs a President who respects all three branches of our Government. Who does not provide cover for DeMagogues like Mr. DeLay. The future of America is at risk. Our very freedom is being threatened! America is calling!

Bob