The All-Knowing One, Barack Hussein Obama, has nominated a militant statist for the Supreme Court, masquerading as a "center-left jurist." Shameful!
Kagan, when arguing in the Citizens United case, said that just because a law could, on its own terms, be applied to ban books, it shouldn't be declared unconstitutional if it hasn't yet been applied to ban books -- because it's not yet overbroad "as applied."
This is an affront to American notions of sovereignty. Here's what I mean.
Despite what those on the left may think, the true sovereign in American is "The People" (not Obama, sorry guys!) This is evidenced by the first three words of The Constitution - "WE THE PEOPLE."
The People delegate powers to our elected officials piece by piece when laws are passed.
When some moron like Elena Kagan says that a law is not overbroad until it is applied in that way, she is presupposing that the source of sovereignty comes from the government -- not the people. In other words, the government has some sort of broad power to ban speech but chooses not to exercise it to that extent, thus making its actions in Citizen United constitutional. Kagan's view of the world is that the government cedes sovereignty to the people.
But -- that's not how it works! Laws which are passed are only to grant the limited powers in the text of the law, because the people are ceding sovereignty -- TO the government.
Therefore, the laws cannot be overbroad or vague, because they could be construed unconstitutionally. Scalia is right (and correct). Kagan is wrong. Defeat her nomination before you can't talk badly about her.
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