When Senators Don’t Read The Constitution

Article VI of the U. S. Constitution states:

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Yesterday Paul Mirengoff posted an article at Power Line Blog about the confirmation of Brian Buescher to the U.S. District Court in Nebraska.

The article reports:

The Senate today confirmed Brian Buescher, President Trump’s nominee to the U.S. District Court in Nebraska. Readers may recall that Senate Democrats attacked Buescher for his membership in the Knights of Columbus, a Catholic service organization. I wrote about this here.

Sen. Kamala Harris was one of the Senators who led the charge against Buescher during his Committee hearing. His other main adversary was Sen. Mazie Hirono, one of the Senate’s dimmest members.

Harris isn’t dim, but she’s a hard core leftist and an incorrigible opportunist. Thus, her suggestion that Buescher’s membership in the Knights of Columbus makes him unfit to serve as a federal judge was over-determined.

The argument was that the Knights of Columbus takes the “extreme” position that a marriage is the union of a man and a woman. But, as Ramesh Ponnuru pointed out at the time, Buescher belongs to two other organizations that consider marriage to be the union of a man and woman (and that also are anti-abortion, another of the Knights’ “extreme” positions). The two organizations are the Catholic Church and the Republican Party.

Do Hirono and Harris think that Buescher’s Catholicism raises problems with his nomination? I assume they do, to the extent that Buescher takes Catholic doctrine seriously.

Buescher declined Hirono’s invitation to resign from the Knights of Columbia as a condition of being confirmed. The Senate confirmed him anyway.

The vote was 51-40. No Democrat voted to confirm Buescher. Harris and the other Senate Democrats running for president didn’t vote.

In September 2017, Dianne Feinstein made the following statement about the Catholicism of  Amy Barrett during the confirmation hearing for the judge:

Why is it that so many of us on this side have this very uncomfortable feeling that — you know, dogma and law are two different things. And I think whatever a religion is, it has its own dogma. The law is totally different. And I think in your case, professor, when you read your speeches, the conclusion one draws is that the dogma lives loudly within you, and that’s of concern when you come to big issues that large numbers of people have fought for years in this country.

People of faith who have been blindly voting for Democrats over the years might want to take notice of these statements made during confirmation hearings. Again, the Senators need to reread the U.S. Constitution. Faith is neither a qualifier nor a dis-qualifier according to Article VI of the U.S. Constitution.

 

Religious Freedom In America?

Fox News posted an article today about the confirmation hearings for Omaha-based lawyer Brian Buescher who is nominated for the U.S. District Court in Nebraska.

The article reports:

Two Democratic senators are scrutinizing a federal judicial nominee over his membership in the Knights of Columbus, drawing a stern rebuke from the Catholic organization.

Sens. Kamala Harris, D-Calif., and Mazie Hirono, D-Hawaii, raised concerns about Omaha-based lawyer Brian Buescher’s membership as part of the Senate Judiciary Committee’s review of his nomination by President Trump to sit on the U.S. District Court in Nebraska, as first reported by the Catholic News Agency.

In a series of questions sent to Buescher, Hirono asked whether his membership in the Knights of Columbus would prevent him from hearing cases “fairly and impartially” and, if confirmed, whether he would end his membership in the Roman Catholic charitable organization.

“The Knights of Columbus has taken a number of extreme positions,” Hirono said in the questionnaire. “For example, it was reportedly one of the top contributors to California’s Proposition 8 campaign to ban same-sex marriage.”

Have we reached the point where taking a Biblical stand on marriage is considered extreme? I guess so.

The article continues:

Harris, in her questions to the nominee, called the Knights of Columbus “an all-male society” and asked the Nebraska lawyer if he was aware that the group was anti-abortion and anti-gay marriage when he joined. The California senator also referenced Supreme Knight Carl A. Anderson’s statement that abortion amounted to “the killing of the innocent on a massive scale” and asked Buescher if he agreed with the statement.

Buescher responded that his involvement in the group consisted mostly of charitable work and community events at his local Catholic parish. He indicated he would abide by judicial precedent regarding abortion.

The Knights of Columbus maintained that its positions reflect Catholic teachings, and suggested that the senators’ scrutiny amounts to criticism of the Catholic faith.

Senator Harris wants to run for President. I am sure that in challenging the right of a member of the Knights of Columbus to sit on a U.S. District Court will win her votes on the extreme left. However, I am not sure it will win her votes in mainstream America. This is the equivalent of a religious litmus test of a nominee, which is unconstitutional and illegal. Being a member of a recognized church group should not disqualify a person nominated for a U.S. District Court.