July 20, 2010

Coburn: By Her Own Words, Kagan Will Violate Her Oath

Sen. Tom Coburn to vote no on Kagan.
Even more troubling was Kagan’s refusal to say whether she believed in the principle of natural rights contained in the Declaration of Independence. Kagan told me, “I don’t have a view of what are natural rights independent of the Constitution.”

While I understand a nominee’s reluctance to express personal beliefs, it was extraordinary to hear a Supreme Court nominee decline to endorse the concept of natural rights contained in the Declaration of Independence that is the very basis of our Constitution.

Kagan’s answer exposed a troubling train of thought in progressive ideology. Refusing to acknowledge natural or God-given rights removes the morality from the progressive’s moral certitude. Without natural law there would have been no Constitution. Without natural law, “progressives” would take us back to the 17th century, when rights emanated from the state or the king rather than the creator.

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