, Elena Kagan, Sen. Lindsey Graham (R-SC) sent a private memo to his top supporters revealing why he believes the Constitution requires him as a Senator to approve the nominee. Clearly, Senator Graham issued the memo because he is getting heat for his support of Kagan. His memo says in part:Our great Constitution puts a requirement on me, as a senator, to not replace my judgment for the President's.
“Since when does our Constitution require the Senate to become a rubberstamp for the President?” asked Andrea Lafferty, Executive Director of the Traditional Values Coalition that unearthed the memo. “Senator Graham was elected by the people of South Carolina to represent their interests, not Barack Obama’s. He swore an oath to protect the Constitution and fulfill the check by the Senate on the excesses of the Presidency. Instead, his memo reveals that he is clueless about the Constitution, and has no intention of fulfilling his duty to the country and to the people who elected him.”
Surrendering his constitutional check on the Executive Branch, Senator Graham further wrote:
We must protect the independence of the judiciary, and by making sure that hard-fought elections have meaning in terms of their results within our Constitution.
“Is this the new litmus test for moderates?” asked Lafferty. “Is this the real reason Senators Collins, Snowe, Gregg and Lugar are falling in line with the Obama administration in supporting the most radical, least qualified Supreme Court nominee in American history? Do they actually agree with Graham’s bizarre reasoning that losing elections means that Senators must give the president whatever he wants? They need to answer that question.”
Elena Kagan’s lifelong championing of many leftwing causes prevents her from ruling impartially. Regarding her work as Solicitor General, Chief Justice Roberts has called her positions ‘startling and dangerous.’ Her mentors and “judicial heroes” include some of the world’s most activist judges and radical leftists.
“The people who sent Senator Graham to Washington to represent their wishes will surely remember this act,” added Lafferty.