Vox

We Hold These Truths

I have only had time to glean bits & pieces of the Sotomayor story. My first reaction was relative indifference; we knew Obama would nominate a liberal judge, so I didn't expect to be happy with his choice. Seemed like a relatively innocuous choice with a compelling back story. As more has come out, I have felt growing unease. I received this in an email from my brother (usually referenced here as The Coolest Human On The Planet) He said that, though he hadn't taken the time to write a polished article, I could share it here. Interested in your thought.

I finally figured out what bothers me about Sotomayor's speech.

It has been nagging at the back of my attention for a couple of days, but I finally figured it out.

In her speech, she said "I firmly believe in the rule of law as the foundation for all of our basic rights." No matter where you are on the political spectrum, this is an alarming statement. It is exactly the reverse of the way we have understood rights, and that has been a part of the American story from the beginning.

Jefferson wrote "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed". In other words, the rights are inherent in our humanity, and role of the law is to secure those rights. They are not founded on the good will of kings, governors, legislators or judges. On that understanding, Americans have lobbied to change laws and challenge foreign powers. On that basis, we ended slavery and extended voting rights.

If our rights are founded on the rule of law, they are historically and geographically contingent, and or freedom is not secure.

I do not know anything else about the nominee, but her speech is a reason for great concern.