Just Another Excuse...

Published on July 19 of this year, The New York Times published an opinion piece on the recent Supreme Court nomination of Elena Kagan. "Most court nominations are about judicial philosophy or social issues, but Ms. Kagan's has become a flashpoint for a much larger debate about the fundamental role of American government." With her nomination, Kagan has showed her support for using the Commerce Clause for passing federal laws to help fix social problems, while many Senate Republicans are ready to not vote for Kagan arguing that using the Commerce Clause in this fashion would would take the power of states that belong within them.

The article was written and published for the "Politically Knowledgeable," those with whom actively voice their part in society, or simply those who are trying to gain political knowledge. This Newspaper travels and is accessible across the country in print, or around the world online. Seeing as how the writer's article has been published in the New York Times, a very reliable and credible source, the author as well is extremely credible.

The Commerce "Clause was the legal basis for any number of statutes of enormous benefit to society. It is why we have the Clean Air Act. The Clean Water Act. The Endangered Species Act. The Fair Labor Standards Act, setting a minimum wage and limiting child labor." The author is arguing that the use of the clause in interstate commerce, especially if it will have a "substantial effect," will be beneficial in the United States. The author supported his argument with evidence of already enforced laws and acts that have benefited our country like mentioned above. All which have improved society.

What the Senate Republicans are arguing is true, that the original use of the Commerce Clause in comparison to the already enacted federal laws is different. Senate Republicans are stating that the Commerce Clause should not be used for passing of laws of this nature. What they are failing to understand is that the enactment of such laws will benefit the country so much that we can avoid future tensions, misunderstandings, and other arguments depending on the situation.

The Senate Republicans should study the evidence and research the facts of how beneficial the use of the Commerce Clause in such way other than strictly what it was originally intended for and stop looking for reasons not to vote for Kagan.