As I recall, Kavanaugh was employed by the G.W. Bush White House, not the justice department, when the Patriot Act was passed. And, for all practical purposes, at that time the U.S. was at war, the homeland had been attacked. In fact, in that war time circumstance, Congress could have given the President far, far more onerous executive powers …and those war powers would have been entirely Constitutional.
As I see it, the possible problem with Justice Kavanaugh’s legal positions was never examined in public by the U.S. Senate, and as judge Andrew Napolitano points out, our government in Washington is really only one party … the big government party …with two different populist wings. The big government party works against citizens and in favor of oligarchy and political power, in favor of the rich folk who donate to elect politicians to the government party.
That situation has not changed during my entire life. President Eisenhower warned of the power of the military industrial complex … but it has gotten much bigger and more powerful. Yes, the Patriot Act is a Constitutional crisis, as are the annual NDAA defense funding laws which continue authorizations for the onerous invasions occurring under the Patriot Act. Unfortunately, we may never know Justice Kavanaugh’s legal opinion on the authorities granted in these laws until and unless they are challenged and that challenge reaches SCOTUS.
SCOTUS Justice David Souter, nominated by RINO President G.H.W. Bush, gave government and their crony real estate developers eminent domain … an obvious infringement of 4th amendment and the Constitution itself. Government is only authorized to control D.C. and necessary military bases and ports. Yet, eminent domain expanded that to any enterprise and property determined to be important for the collective. That SCOTUS ruling is exactly the opposite of individual liberty and the Constitution.
I hope the Patriot Act is repealed by a conservative Congress and annual NDAA’s are constrained by Congress to funding of the military, instead of controlling the people. I believe the first thing we must fight for is the transparency in government: stop the secrecy. Getting through that secrecy wall by court actions like FOIA is a monumental barrier to entry, barrier to the truth. Secrecy in government is a giant leap backwards to feudalism, which protects and enables oligarchy.
Never forget that Donald Trump is part of the oligarchy.
After repeal of the secrecy laws, next to go must be most of the Administrative Procedures Act, wherein Congress has unconstitutionally absolved itself of its constitutional duties by delegating most of them to the executive branch and its gigantic, inefficient, and self-protecting bureaucracy. And now, the courts support the bureaucracy by making mostly administrative law rulings under that act.
I understand this just completed Kavanaugh red meat circus as a frontal attack by the left on the most critical point of the Constitution and jurisprudence. That is, that a man or woman is considered innocent until proven otherwise. (Napoleonic code is the reverse case and still in practice outside the U.S.) Stalin and George W. Bush and many others threw people in jail without due process. Thankfully, after this recent public circus, most – but not all – of that fundamental right remains for citizens. As Roma Cox and Ben Swann and Judge Andrew Napolitano point out, our government never publicly examined the Kavanaugh rulings and opinions that would have/should have been important to citizens. In fact, according to the Senate Justice Committee, not one Democrat visited the room where Kavanaugh’s papers were on display for them. Citizens are NOT being served by our government.