This about the statement of John Cornyn, Tejas, probably one of the more useless members of the Senate:
Dear John...
I read with great interest your comments on the Sotomayor hearing. This, for example:
On the other hand, as you know, inventing new rights, veering off this course of enforcing the written text and pulling ideas out of the ether are pretty far from enforcing the written Constitution that the framers proposed and that the people enacted.
As you have a law degree, and as you have several times taken an oath to "support and defend the Constitution against all enemies, foreign and DOMESTIC" [emphasis added], I hope I can assume that you've read the Constitution a time or two.
I will assert, however, that you're woefully ignorant on the topic of the Preamble and the Ninth Amendment, and the arguments from 1789 to its ratification Dec. 15, 1791, about whether there should even BE a Bill of Rights.
The Ninth, which John Madison initiated, now goes like this (I'll bet seven $2 bills that you can't recite it):
The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.
If you'll recall, someone might have told you that, in our Constitution, ALL RIGHTS AND POWERS RESIDE IN THE PEOPLE--with the small exception of those We the People DELEGATED to a government--which we expected, more or less, would go right straight off the rails, as it now has during a succession of DISASTROUS Republicrat American Incumbent Party maladministrations, from Eisenhower forward, pretty much (Ike gave the CIA pretty much free reign to topple governments all over the world, as I recall).
So what others--what other rights--do We the People retain as against the non-tender ministrations of government? Well, dude, you've gotta figure that out along with the rest of us regular folks--not to imply that you're a "regular folk," of course. I should have said, "along with other Princes of Washington and hoi polloi."
An obvious major right would be to be secure in, to have control over, our very own skin-sacks.
So, are there people who have problems with abortion? (Not with wars, of course, or orphaned children, abandoned children--in my view, "it's about the sperm, stupid." (That is, men, who have really no control over the reproductive cycle of the human race, still want to control it. This they do by starting wars, among other things).)
But, short of war, imagine what problems our old white-bread legislators would have with forced vasectomies of all male Americans 10 years and older--to prevent impregnation, which often leads to (ta daaa) abortions. Interesting that no male anti-abortionist or legislator has proposed such a solution to the abortion problem, isn't it? And most vasectomies can be reversed, so what's the problem with that?
I hope to see you introduce a bill on a national vasectomy policy very soon. Unless you're giving up on trying to control women's skin-sacks (and contents, of course) entirely.
Other rights? Citizens surely did not cede to power to our government to wire-tap all of our communications, the repeal of the 4th amendment in 2001 by Shrub and the other Republicrats notwithstanding. Yet we know that the NSA has put "splitter boxes" on all of the fiber-optic trunk lines in the US (and probably elsewhere, even undersea, if they can get that darned submarine cable-tapping Nautilus working). And they're spooling it all out onto disk-farms in Tejas, your home state (stolen from Mehico, of course, but who's keeping track?).
And finally, I find no evidence in the congressional debates about the Bill of Rights to support the notion that our government can blow up buildings in New York City (WTC #7, 2 & 1), just because Larry Silverstein doesn't want to pay billions of dollars to remove the asbestos from them before he can get a demolition permit, and take 2,900 or so lives in the process, merely to have a "new Pearl Harbor" to stampede the country into outlandish military expenditures and to serve as a casus belli for invasions of Afghanistan and Iraq--to control oil and to get 14 permanent military bases (or "enduring" as Shrub, our Unitary Liar-In-Chief, so quaintly put it), plus the 15th, Fortress Baghdad Embassy--I assume the underground parking facility has space for 100 or so M1-A1 Abrams main battle tanks, etc.
Nope--I definitely find no instance in our history where the people delegated away their right to be told the truth by y'all, our employees in government, or delegated their right not to have criminals, likely guilty-of-capital-crimes-type-criminals, never mind just "high" crimes, remain in office, unscathed, unimpeached, unremoved, unaccountable.
Would it be "creating new rights out of the æther" to find that the Ninth Amendment recognized that We the People have retained the right not to have criminals running our government? Not to have bribe-takers like yourself running the government (all campaign contributions are bribes, Senator, as you well know, from your long experience).
One of the rights we DID retain, was to control our own airwaves--the "electromagnetic spectrum." And I say we need to set aside however many channels therein as are needed to allow for FREE POLITICAL ADVERTISING, all day, all year, every year. No more million-dollar bribes to pay for political advertising, in return for BILLION-dollar payoffs. We need a Windfall ROPI Tax (Return on Political Investment--or Bribery) to recoup the disgusting 37,851% profits (for example) being made by such folks as our Wall Street con artists.
Final comment: The matter of health and health insurance for the citizens of America is not a proper candidate for the so-called "capitalist system" (or, as it has become in this country, the US Corporate Welfare System).
Anything less than a single-payer system, such as the other industrialized nations of the world have, is unacceptable. We need to get these rapacious third-party leeches (and not in a good way) OUT of the sickness-care industry. We can retrain every last employee in these firms to watch over the military-legislative-industrial complex, and cut, cut, cut the outrageous expenses (waste, fraud and abuse) of the War Department (now that we've gone explicitly back into the business of starting wars, of going from "defense" to "offense," it's more than appropriate to rename the outfit The War Department, seems to me).
If you can't get these things done, my dear Senator, I'd urge you to pull on your boots, strap on your chaps, tighten the chinstrap of your Stetson, saddle up your pony and high-tail it back to Tejas, and get the heck out of our government, where you and your dozens of staff members are wasting our time, our money, our space, and, as I see & hear the stupid comments you make from the Senate well, you're even sucking the oxygen out of the Senate chambers and, by extension, out of the atmosphere of the entire United States of America.
best,
9