As we move closer to the GOP’s imposed deadline for the Senate confirmation vote on Brett Kavanaugh for the Supreme Court, the debate that continues to take center stage between Republicans and Democrats is the very essence of the Constitution. Kavanaugh’s conservative credentials since his appointment to the federal court by President George W. Bush reveal his opinion, like that of the conservatives on the Supreme Court, that the Constitution has an original intent imbued by the framers. This notion is anathema for Democrats who have argued since the beginning of the progressive era under President Wilson that the Constitution is a “living, breathing” document that must evolve over time to reflect changing social mores. It is that debate that could get heated as the Supreme Court threatens to become Trump’s.
Here’s more from The Daily Signal…
Legal experts say the fight for the original meaning of the Constitution will play a significant role in the confirmation process for President Donald Trump’s Supreme Court nominee.
“The fork in the road as it plays out in the Supreme Court is now going to be the centerpiece of these confirmation hearings,” said John Eastman, founding director at the Claremont Institute’s Center for Constitutional Jurisprudence.
Eastman made his remarks at an event Wednesday at The Heritage Foundation about federal appeals court Judge Brett Kavanaugh’s nomination to the high court.
“Are we going to have a Constitution that means what it says … that it’s the source of authority for judges to have judicial review in the first place,” Eastman said, “or are we going to have a ‘living’ Constitution, where the document itself can be molded and shaped to meet what the judges believe is kind of the modern exigencies of the day.”
Kavanaugh, 53, was nominated by Trump on July 9 to fill the seat of Justice Anthony Kennedy, who announced June 27 that he’s retiring.