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The One Reason Why All Americans Should Oppose The Nomination Of Samuel Alito

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My Fellow Americans:

As many of you may have heard, President Bush has nominated a long-time Federal Judge named Samuel Alito to become the next member of the United States Supreme Court, to fill a vacancy created by the retirement of another member of the Court.

Under our Constitution, this nomination cannot take effect unless and until the United States Senate gives its Consent, as described in our Constitution, Article II, Section 2. A copy of the Constitution, with links back to the official source, is located at

Judge Samuel Alito is very highly qualified by all of the normal standards used to evaluate candidates for this position: He has a very high intellect. He graduated very high in his class, from Princeton undergraduate and from Law School at Yale. He has a long and distinguished record, including many years as a Federal Appeals Judge, the next level below Supreme Court. He has encyclopedic knowledge of hundreds of different Supreme Court cases, and he can recite details from memory. He demonstrates an excellent "Judicial Temperament," being courteous, mild-mannered, respectful of all people; careful in his work, meticulous in detail. His co-workers love him. His fellow judges love him. His family loves him. President Bush loves him.

Yes, it is true that some people don't like the way they think he will vote on the Supreme Court. But other people do like the way they think he will vote, and the ones who favor him seem to outnumber the ones who oppose him.

So now the Senate is getting ready to vote soon, on whether to approve him or not; and at this moment (evening of Jan. 27, 2006) it looks like he has more than the fifty-one votes needed for approval. The President is very eager to go ahead quickly and get this vote, because he very much wants to have Samuel Alito on the Supreme Court, to be judging the cases Bush is interested in. So there is a lot of hurry-up pressure on the Senate to give its prompt vote of approval.

There is an old saying that applies in this situation: "Act in haste, repent at leisure." Sometimes you can make a bad decision very quickly, then regret it for many years to come.

That is what is about to happen with Judge Samuel Alito, in my opinion, because he has one tragic flaw - a very serious blind spot in his thinking - which makes him completely unacceptable for the position of Supreme Court Justice: He does not really agree with the system of "Checks and Balances" built into the Constitution, and he is ready to start tearing it down in order to follow the "Unitary Executive Theory," which calls for vastly-increased Presidential Power at the expense of Congress and the Supreme Court.

And because of this tragic flaw, "He Would Tear Down Our System Of Checks And Balances, Giving Far Too Much Power To The President."

In our Constitutional system, we have three branches of the Federal Government: the Legislative, Executive, and Judicial branches. And the basic idea behind the Checks and Balances we have is that if one branch of the Government goes crazy, the other two can hold it down.

But Samuel Alito believes in a little-known Constitutional theory - called the "Unitary Executive Theory" - which says that the President should have complete control over the Executive Branch, and that the Executive Branch should be in charge of almost everything that the Government actually does, including the functions of the Independent Agencies which were designed to be free of Presidential control, and the Military, which exists, which is regulated, and which is funded by specific authority given by the Constitution to Congress, not to the President. The Military is not part of the Executive Branch: it is a separate entity. "Commander In Chief" doesn't mean that he is the boss of the Military, merely that he is the Administrator, just as he is the Administrator of the Executive Branch, charged with "executing faithfully" all the laws passed by Congress and all the Decisions rendered by the Supreme Court.

Under the Unitary Executive Theory, the Laws of Congress and Decisions of the Supreme Court have no actual authority unless the President agrees with them. And so Congress and the Supreme Court become mere advisors to the President, with no real authority over him. And the President becomes a Dictator, unrestrained by anything in the Constitution, backed up by the Armed Forces, which would be entirely under his personal control.

And thus the United States of America - The Land Of The Free And The Home Of The Brave - becomes just another Military Dictatorship, no better than Nazi Germany or Fascist Italy during World War II.


For details and further proof, please see these websites:

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Rev. Bill McGinnis is an Internet Christian minister, writer and publisher. He is Director of, a small private think tank in Alexandria, Virginia, and all of its related websites, including (more...)
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