Sunday 30 September 2018

Assaulting the American Constitution

The American constitution is revered because it was supposedly drawn up by honourable men to protect the liberty and dignity of all Americans. It is amazing how over the years that honourable intention has been left to a less than honourable partisan political system to uphold. Even more stark is that the subject of the current Supreme Court confirmation is a person who is far from open and trustworthy, and may possibly sitting on the Supreme Court and delivering interpretations of the constitution that will have an impact for a lifetime.



A lot of Brett Kavanaugh’s response to the sexual assault allegations seemed to depend on the absence of evidence and corroboration of the claims; and the fact that the Republican Party has a majority on the committee conducting the hearings. He was content to belittle Dr. Ford’s credibility and berate the Democrats on the committee without really making any effort to address the issue of his conduct on the night in question. He denied being at the party but didn’t really give an alternative account of exactly where he was on the night.

Kavanaugh was happy to invoke pity and sympathy for his family, while not making any effort to recognise or acknowledge the need and right of victims of sexual violence to speak out and be given a fair and compassionate hearing. And this should hold true even in cases of historical sexual assault. He had no problem making a direct reference to his daughter while diminishing the validity and significance of Dr. Ford’s account of the sexual assault she endured. And this in the week Bill Cosby was sent to prison after being convicted of sexual assault. It has to be of some concern that this is a man who will be expected to influence the course of law on gender and racial equality for the next thirty to forty years.

It is no surprise that Donald Trump very much enjoyed Judge Kavanaugh’s testimony. He would have recognised his own attitude to truth and personal accountability in Kavanaugh’s strident declamation of the confirmation process. In fact, he had compared the sexual assault claims against Kavanaugh to the claims that were made against him during the presidential elections. I’m not sure whether that would have done much for the public’s perception of Kavanaugh but it certainly seemed a chest beating moment for Trump.

If Americans truly have as much regard for the constitution as they claim then they must be a lot more discerning about the people they choose to up hold its values. If women cannot be made to feel safe when involved in political and judicial processes then a large portion of Americans cannot be considered to be truly free.

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