For Supreme Court Justice? I fear it has been a plan all along and Stevens vacating now, was just stage one. I hope I am wrong and that the nominee will not be Czar Sunstein. It would please the Left, and doom the rest.
CZAR WARS
Sunstein: "Obama, not courts, should interpret law
'Beliefs and commitments' of nation's leader should supersede judges"
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Posted: September 18, 2009
12:10 am Eastern
By Aaron Klein
© 2010 WorldNetDaily
Cass Sunstein
JERUSALEM The interpretation of federal law should be made not by judges but by the beliefs and commitments of the U.S. president and those around him, according to President Obama's newly confirmed regulatory czar, Cass Sunstein.
"There is no reason to believe that in the face of statutory ambiguity, the meaning of federal law should be settled by the inclinations and predispositions of federal judges. The outcome should instead depend on the commitments and beliefs of the President and those who operate under him," argued Sunstein.
This statement was the central thesis of Sunstein's 2006 Yale Law School paper, "Beyond Marbury: The Executive's Power to Say What the Law Is." The paper, in which he argues the president and his advisers should be the ones to interpret federal laws, was obtained and reviewed by WND.
Sunstein debated the precedent-setting 1803 case, Marbury v. Madison, which determined it is "emphatically the province and duty of the judicial department to say what the law is."
He lamented multiple recent examples of U.S. presidents interpreting law only to have their interpretations overturned by the Supreme Court.
Get "The Audacity of Deceit," and learn about the looming hostile attack on Judeo-Christian values and feedoms Americans hold dear.
"Why is the executive not permitted to construe constitutional ambiguities as it sees fit?" asks Sunstein. "The simplest answer is that foxes are not permitted to guard henhouses ... but who is the fox?"
He concludes "the executive should usually be permitted to interpret (law) as it reasonably sees fit."
"The allocation of law-interpreting power to the executive fits admirably well with the twentieth-century shift from common law courts to regulatory administration if the governing statute is ambiguous," he writes.
Sunstein is not shy about expressing his radical beliefs in papers and books, although many of his controversial arguments have received little to no news media attention or public scrutiny.
Earlier this week, WND first reported Sunstein drew up in an academic book a "First Amendment New Deal" a new "Fairness Doctrine" that would include the establishment of a panel of "nonpartisan experts" to ensure "diversity of view" on the airwaves.
WND also reported Sunstein proposed a radical new "bill of rights" in a 2004 book, "The Second Bill of Rights: FDR's Unfinished Revolution and Why We Need It More than Ever," in which he advanced the radical notion that welfare rights, including some controversial inceptions, be granted by the state.
WND has learned that in April 2005, Sunstein opened up a conference at Yale Law School entitled "The Constitution in 2020," which sought to change the nature and interpretation of the Constitution by that year.
Much more: Sunstein: Obama, not courts, should interpret law
CZAR WARS
Sunstein: "Obama, not courts, should interpret law
'Beliefs and commitments' of nation's leader should supersede judges"
--------------------------------------------------------------------------------
Posted: September 18, 2009
12:10 am Eastern
By Aaron Klein
© 2010 WorldNetDaily
Cass Sunstein
JERUSALEM The interpretation of federal law should be made not by judges but by the beliefs and commitments of the U.S. president and those around him, according to President Obama's newly confirmed regulatory czar, Cass Sunstein.
"There is no reason to believe that in the face of statutory ambiguity, the meaning of federal law should be settled by the inclinations and predispositions of federal judges. The outcome should instead depend on the commitments and beliefs of the President and those who operate under him," argued Sunstein.
This statement was the central thesis of Sunstein's 2006 Yale Law School paper, "Beyond Marbury: The Executive's Power to Say What the Law Is." The paper, in which he argues the president and his advisers should be the ones to interpret federal laws, was obtained and reviewed by WND.
Sunstein debated the precedent-setting 1803 case, Marbury v. Madison, which determined it is "emphatically the province and duty of the judicial department to say what the law is."
He lamented multiple recent examples of U.S. presidents interpreting law only to have their interpretations overturned by the Supreme Court.
Get "The Audacity of Deceit," and learn about the looming hostile attack on Judeo-Christian values and feedoms Americans hold dear.
"Why is the executive not permitted to construe constitutional ambiguities as it sees fit?" asks Sunstein. "The simplest answer is that foxes are not permitted to guard henhouses ... but who is the fox?"
He concludes "the executive should usually be permitted to interpret (law) as it reasonably sees fit."
"The allocation of law-interpreting power to the executive fits admirably well with the twentieth-century shift from common law courts to regulatory administration if the governing statute is ambiguous," he writes.
Sunstein is not shy about expressing his radical beliefs in papers and books, although many of his controversial arguments have received little to no news media attention or public scrutiny.
Earlier this week, WND first reported Sunstein drew up in an academic book a "First Amendment New Deal" a new "Fairness Doctrine" that would include the establishment of a panel of "nonpartisan experts" to ensure "diversity of view" on the airwaves.
WND also reported Sunstein proposed a radical new "bill of rights" in a 2004 book, "The Second Bill of Rights: FDR's Unfinished Revolution and Why We Need It More than Ever," in which he advanced the radical notion that welfare rights, including some controversial inceptions, be granted by the state.
WND has learned that in April 2005, Sunstein opened up a conference at Yale Law School entitled "The Constitution in 2020," which sought to change the nature and interpretation of the Constitution by that year.
Much more: Sunstein: Obama, not courts, should interpret law
