Justice Kennedy Takes Bush Gang To Task: No Rule Of Law

Justice Kennedy: US Not Doing Enough to Spread Democracy Through Rule of Law

Justice Kennedy, a Reagan appointee to the Court, and a staunch conservative, has stated that the US is not proceeding toward its Bush gang objective of regime change and spreading democracy in a prudent manner. It would appear that the efforts of the Bush gang to not only dominate the world, but to screw our Constitution and the first principles contained therein, is beginning to get judicial notice.

The idea that we can spread democracy through an autocratic, theocratic or culturally relativistic approach, abandoning principles of justice, liberty and inherent rights--and allowing our own troops and officials to endorse crimes in the form of torture, unlawful incarceration, detention without charge or access to legal representation, massacres, rapes and maltreatment of other human beings--is ludicrous... and Kennedy is saying that he and others on the SCOTUS bench are taking notice.

Maybe it's a signal that we should be taking the Bush gang to task before the SCOTUS 9 with a more aggressive timetable.

US Supreme Court Justice Anthony Kennedy said that the US is failing to adequately spread the positive aspects of the "Western idea of democracy," in an address to the American Bar Association at their annual meeting in Hawaii on Saturday. Kennedy suggested that other parts of the world do not believe in democracy because the United States has done a poor job in showing other countries how the rule of law guarantees freedom by constraining government officials, requiring respect for equality and human rights, and instilling order without fear of retaliation. The high court justice also urged his audience to work to advance basic principles of the American justice system and the preservation of fundamental rights.

American Bar Association President Michael Greco also discussed the importance of freedom and human rights while introducing Kennedy, stating that legal professionals must make sure that the rule of law is used to "advance the basic principles of justice, fairness and equality."

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The United States is not making the case for freedom, democracy and Western law to the rest of the world, Supreme Court Justice Anthony Kennedy said Saturday.

"Make no mistake, there's a jury that's out. In half the world, the verdict is not yet in. The commitment to accept the Western idea of democracy has not yet been made, and they are waiting for you to make the case," Kennedy said in an address to the American Bar Association.

Kennedy, 70, said he fears many parts of the world are not yet convinced that the American form of government as designed by the framers of the Constitution guarantees a better way of life.

"Our best security, our only security, is in the world of ideas, and I sense a slight foreboding," he said.

Kennedy, a moderate justice who has become a key swing vote on the Supreme Court, argued that the meaning of the phrase "rule of law" must be made clear in order to spread the cause of freedom to other countries. He avoided singling out specific nations.

He said the rule of law has three parts: it must be binding on all government officials, it must respect the dignity, equality and human rights of every person, and it must guarantee people the right to enforce the law without fear of retaliation.

"Americans must understand that if the rules of law have meaning, such as hope and inspiration for the rest of the world, it must be coupled with the opportunity to improve human existence," Kennedy said.

The United States' quest to spread freedom will only succeed if people in other countries accept the promises made by a democratic government, he said.

"For us, law is a liberating force. It's a promise, it's a covenant that says you can hope, you can dream, you can dare, you can plan," he said. "We must explain to a doubting world where the verdict is still out."

Kennedy, who has served on the Supreme Court since 1988, urged the attorneys in the audience to do their part to work for the preservation of basic rights and uphold the principles of the American justice system.

American Bar Association President Michael Greco discussed some of the same themes as he introduced Kennedy.

"Any threat to liberties and human rights in one country is a threat to the citizens of all nations," Greco said. "The most fundamental responsibility of members of the legal profession is to ensure that the law is used as an instrument to advance the basic principles of justice, fairness and equality."

Click Here to view a six-minute video of Justice Kennedy's remarks