First, Sen. Tom Coburn railed against Solicitor General Kagan for her refusal to agree to his skewed and narrow vision of the original intent of the Constitution.
Then he switched tacks to rail against her for not subscribing to a view of the law outside of the Constitution.
Coburn asked Kagan if she believed that there was a fundamental right for humans to own guns, and then broadened his question to ask if she believes there exist “fundamental rights” and “natural rights” outside of the U.S. Constitution.
“I don’t have a view of what our natural rights are outside of the Constitution and the law,” Kagan responded. “I’m not saying I don’t believe in fundamental pre-existing rights, but my job as a Justice would be to enforce the Constitution.”
Coburn was not satisfied. He demands, apparently, that judges interpret the law ONLY with the original words of the Constitution…but ALSO with a belief in an undefined set of “natural rights.”
Huh?