The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized – Fourth Amendment, US Constitution.
The Democrats have certainly embarrassed themselves during the Kavanaugh hearings, from “mic checking” to shout down your opponents, to political grandstanding to gain favor for future elections, to shady plots involving big money donors advancing progressive agendas.
Overturning Roe v. Wade, and the latest fraudulent $MeToo smear have led the way in the fight to stop Judge Brett Kavanaugh from being appointed to the Supreme Court.
His nomination will not turn on this, however.
Mr. Kavanaugh apparently drinks beer, uses credit cards, has coached basketball teams, loves the Washington Nationals, and is either a sexual assaulter or a soup kitchen volunteer. All of this is stupid of course and has nothing to do with the nominee’s basic fitness as a judge.
Although Mr. Kavanaugh should be appointed to the SCOTUS, for Americans, the real problem is his historical disregard for the 4th Amendment.
Rather than the Court limiting the unconstitutional actions of the branches of government, Congress consistently ignores economic substantive due process–read “property rights”–which hasn’t been recognized for nearly a century; the 9th and 10th Amendments are dead letters, the 4th Amendment is on life support, and the entire 20th century serves as evidence of the Court’s willingness to rubber stamp unchecked executive power.
Death of Common Law
Common law is inherently decentralized; it evolves locally and slowly creates universal precepts (i.e. prohibitions on murder) only when there is near unanimity of agreement across time and geography. The gradual imposition of positive civil law in America, along with the federalization of vast areas of law that once were determined locally, created a federal judiciary that is unworkable and unresponsive to millions of Americans. For the vast majority of us, recourse against the federal government for its lawless acts is an illusion– we don’t have 10 years and millions of dollars for lawyers.
In a recent lecture, Judge Andrew Napolitano noted that Judge Kavanaugh had established a record of supporting government surveillance on Americans, even when there was not probable cause to believe a crime was being committed. His support of government power, in this case, is supported by the Patriot Act, one of the most anti-Fourth-Amendment pieces of legislation passed in recent decades.
Napolitano said in the lecture, “What young lawyer was the Scrivener when they were putting together the Patriot Act?”
It was Brett Kavanaugh.