ALITO: DEMS BLEW IT AGAIN... thoughts on a new strategy to protect USSC

The Senate Dems already know the Right's game plan is to hijack the federal courts and do so in a manor that gives Senate Dems little to object to. Nominees like Alito are well coached and his interactions with GOP Senators is well choreographed. Senate Dems never get traction in pinning these nominees down.

So as the court gets stacked with more and more right wind Neanderthals... when will the Dems EVER learn that their game plan is fatally flawed? They continually play defense when it comes to defending the right to privacy and the right to choose. Instead of looking in the Constitution for a broader basis for these rights... they keep relying on stare decisis... previous court rulings.

THIS IS BIZARRE!!!!

The TRUE legal basis for the right to privacy besides the 4th is the NINTH AMENDMENT! It clearly says "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

The original intent is also clear. James Madison wrote:

"It has been objected also against a bill of rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow, by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard urged against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution."
SOURCE: www.usconstitution.net/madisonbor.html#Sec5

If the Dems adopted this position... it would not just get them on the offense for a change... but provides a good opportunity to get the Right on the defense. They could then insist if the Right opposes these unenumerated rights... the ONLY constitutional option they have is to REPEAL THE NINTH!

paricularly Reid so some strategy can be adopted.

Not us but the democratic senators.

I have contacted every Dem on the Senate Judiciary Committee and I'm advocating this idea in Democratic forums, to Air America, MoveOn, True Majority, etc.

I think it's now up to others. If they have problems with the Dem's obviously flawed gameplan... and find value in this or some other strategy... then they have to start carrying some water.

I filibuster is a continuation of debate and you need to have at least an appearance of needing additional information before they can do it. You know very well that the Rs can get around that with the so-called nuclear option. Most people do not care that much about this and Ds risk alienating people be appearing to be obstructionists.

I know... the Senate pretends to represent states... even though we know it's the PEOPLE of those states who vote for their senators. So since the Senate is nothing but a vote weighting/dilution scheme, from a MORAL standpoint.... Dems should NOT forget they got more votes then GOP senators...

------------DEMS------------GOP-------OTHER
2000----20,470,371-----22,198,747---1,606,029
2002----36,788,222-----36,729,792---5,797,467
2004----43,605,968-----39,920,857---2,678,558

TOTAL--100,864,561----98,849,396----10,082,054

Sources:
http://www.fec.gov/pubrec/fe2000/senparty.htm
http://www.fec.gov/pubrec/fe2002/senparty.htm
http://www.fec.gov/pubrec/fe2004/federalelections2004.pdf

as something that is protecting basic and fundamental rights of the people, then the people will support it, and will not support the nuclear option. How can Dems be obstructionists now when Roberts was confirmed, and Myers was rejected by Republicans. Democrats need to show that they have drawn a line and that Alito or Bush have crossed it. It has been done in the past according to Liberal Oasis.

The obvious problem with going the filibuster route is that it masks the problem of the flawed Dem's gameplan. Suggestions like this or proposals to just pass amendments to guarantee rights is Dems don't have the votes... and even if they did why should the Dems play a defensive game? They really need a good offense... and a ploy to put the Right on the defense.

I think a Ninth Amendment defense wouldn't be easily comprehended on larger public level, unfortunately.

Yes, the ninth is a bit abstract which is why the Dems should have been educating the public 10-20-50 years ago.

The simple truth is if this is the correct position... then one has to find a way to get it across... not ignore it in favor of weaker positions that play well to certain constituent groups.

Unfortunately the Dems play those same tired cards over and over... and have never thought about a long term strategy to protect unenumerated rights... probably because the Dems ignore the ninth just like everyone else does.

Back during the 2004 election Kerry had the ear of the nation. That was the time he could have been educating the public about the broader context for constitutional rights.

If ANYONE can find ANY effort on Kerry's part to deal with USSC issues beyond the traditional appeals to traditional constituencies... please show it to me. Where would it be? In the debate transcripts? In Kerry's platform? I've seen no evidence Kerry took this route any more than the Senate Dems did questioning Roberts/Alito.

eom

BORKING only works if Dems have the votes........ and they don't.

But defeating these radical nominees is still a defensive strategy... and Roberts/Alito should prove it's just working.

They need to reframe the debate with a compelling offense.