The New Aristocracy

Perhaps the most noble concept to come out of our American Revolution was this concept that one is not noble by virtue of one's birth, but by virtue of one's actions. While our founders and recent American ancestors were, by no means, perfect in carrying out this ideal, it was, nonetheless, this ideal that led immigrants by the millions to our hallowed shores. When crafting our Constitution, there was much discussion as to how our leaders were to be selected. Some called for a king, or kings, instead of a president. This, of course, was squelched by those who recalled the atrocities committed by kings past. We wanted a president, and senators, and representatives. There was much discussion as to how they would all be chosen. Would senators be hereditary, chosen by class or wealth? These were actually discussed; but, again, rejected. These would be chosen by the states from which they hailed. Even later, we chose to make them directly from the people (bad choice, IMHO, but for other reasons). Representatives were always by direct vote. The idea was that aristocratic designations were discarded. In fact, the Constitution clearly prohibits the taking on of titles of nobility. America was to be the land of opportunity where our leaders are chosen by their merits.

There was little to no deliberation regarding how judges, or cabinet or agency appointments, would be determined.

Today, even the most meritorious of minds is not qualified for a position on the Supreme Court, unless that person is born right. Obama made that perfectly clear when describing his ideal candidate. And from his pick, it seems that a person's birth is more determinative than her merits.

Now, I admittedly do not know enough about Ms. Sodomayor to know whether she will perform well on the bench. I have done some research. Here is here biography according to judgepedia.org (check it often, as it is being updated while you read)... and here is an interesting blog that details a certain speech she gave before becoming an appellate judge. But it doesn't matter how much I don't know about her. She was chosen because of her ethnicity. Senator Chucky Schumer's letter to His Socialistness promoting her is very telling.

He begins with the premise that ethnicity should be the President's first consideration:

"Dear Mr. President,

We write to bring your attention to the shortage of representation of Latinos in the Federal Judiciary and strongly urge you to consider the Latino legal community when deciding your first appointment to the United States Supreme Court should a vacancy occur during your presidency....

It’s long overdue that a Latino sit on the United States Supreme Court. Sonia Sotomayor and Ken Salazar are two candidates who would make outstanding justices. They have top-notch legal minds, years of experience, moderate approaches to the law, and would make history by being the first Latino on the court." (emphasis added)

The good senator expounded upon this last qualification:

"Latinos are a large and growing segment of our society that have gone grossly underrepresented in our legal system. Indeed, while Latinos comprise around 15 percent of the population, only about 7 percent of federal judges are Latino. Moreover, not a single Latino has served on the United States Supreme Court in the history of our country."

Recall that W tried this same approach when he nominated Dede Meiers. He was so proud to have nominated a woman. He just knew she would sail through and everyone would like him. However, after eating humble pie, he made the smart move, and started looking for... wait for it... qualified candidates. His two happened to be white men... very qualified white men. Note that the first description is "qualified".

Diversity is fine... as a result. When we make it our goal, it gets in the way of progress. America can and should be colorblind. We should promote people based on their merits. When you are talking about the Supreme Court of the United States, those merits should first be allegiance to the United States of America, allegance to the Constitution of the United States of America, allegance to the laws of the United States of America, knowledge of the Constitution and laws of the United States of America, and a history of the correct application of that Constitution and those laws to the cases or issues presented.

Ms. Sotomayor may be a fine candidate. She'll be vetted in the Senate Judiciary Committee. There are a few senators who will ask her some very pointed, relevant questions (unlike certain senators in recent previous confirmation hearings... ahem, Schumer) regarding her merits. These will involve asking her to explain a few statements made in a few speeches regarding the respective roles of the judge and the law in the judiciary process. I will be interested in hearing her answers. I hope that she can explain them well.