Questions the Senators Should Ask Harriet Miers

The upcoming hearings for the confirmation of Harriet Miers' appointment to the Supreme Court are, in the opinions of all those who care and many who don’t, make or break for the nominee. A lawyer with no experience on the bench and not much of a paper trail, Ms. Miers has left little evidence of her intentions. So, with that in mind, there are a few questions that the Senators should ask.

Beginning with the issue of states’ rights and federalism, the good Senators should inquire into how she would deal with electoral issues before the court. In particular, they should ask about Article II of the constitution which reads, “Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress.” It would be interesting to hear her justify the decision in Bush v. Gore.

Another question could focus on the matter of precedent. Plessey v. Ferguson was a delightful case in which the Supreme Court decided that black and white Americans could be kept separate to the point of having different drinking fountains in public places. This was acceptable under the Constitution so long as the facilities were “separate but equal.” However, Brown v. Board of Education forced the integration of American society (along with many federal troops in some of the former traitor states of the Confederacy) by overturning Plessey v. Ferguson. The question simply is, “when should the court undo established legal and constitutional precedent, with particular reference to Roe v. Wade

Further, they should ask whether it is constitutional to place the Ten Commandments on public property. If so, does placing a Catholic version of the Decalogue (which doesn’t mention graven images) establish a preference for the Church of Rome. Likewise, does a Protestant version (which forbids graven images, and gives “Thou shalt not kill” sixth place as opposed to the Papist fifth) in public make the Vatican a second-class faith. And above all, why not put up the Beatitudes instead?

However, the best question they could pose was drafted by Abi Soffer at the Stanford Linear Accelerator Center and circulated in Bob Parks “What’s New” scientific policy newsletter. In brief, “How does being descended from a monkey affect your judicial philosophy?” Fortunately for Ms. Miers, indictments of Scooter Libby and Karl Rove may keep her fumbling attempts to answer off the front page of the Washington Post


© Copyright 2005 by The Kensington Review, J. Myhre, Editor. No part of this publication may be reproduced without written consent.
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