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Kagan confirmation hearingElena Kagan's responses to the questions put to her by the Senate are worthy of comment since she has been nominated for a significant position. A companion piece to this article will  review some of her answers and check them against the standard handed down to us by our noble Founding Fathers — namely, the Constitution of the United States. Apart from that analysis, however, there is the equally compelling question of just whether this whole business of the modern nomination hearing circus was ever anticipated by the Framers or provided for by the provisions of the Constitution itself.

Economist Robert Higgs wrote a paper in 1997 arguing that “regime uncertainty” — “a pervasive uncertainty among investors about the security of their property rights in their capital and its prospective returns” owing to the constant barrage of regulation emanating from the Franklin Roosevelt administration and its bureaucracies — was a significant contributor to prolonging the Great Depression. Investors were skittish about putting their money to work when they didn’t know what new, destructive government policies the next day might bring, so they just sat on all that capital. Without capital investment, the economy ground to a halt.

As a preface to a series of questions about the due process afforded the would-be "Christmas Day bomber" last December 25, Sen. Lindsey Graham, (R- S.C.) asked Supreme Court nominee Elena Kagan where she was that Christmas day. After a moment or two of confusion about what precisely he was asking, the Solicitor General replied: "Like all Jews, I was probably at a Chinese restaurant."

StalinBorn in 1878 to a drunken father and strict religious mother, Joseph Vissarionovich Stalin (born Ioseb Besarionis dze Jughashvili) went on to succeed Vladimir Lenin as the Soviet Union’s second General-Secretary. For nearly a quarter of a century, Stalin ruled over the Soviet Union and its satellite states as an absolute dictator. In that time, 20 million people died at the hand of his purges, gulags, and death quota lists, which he personally read over and signed in red ink.

Day three of Elena Kagan’s hearings to be the next Supreme Court justice was expected to be relatively amicable as the remaining members of the Senate Judiciary Committee — all Democrats — finished their round of questions. After spending the last two days fending off Republican interrogation, friendly faces would have been well received by Kagan. Unfortunately for Kagan, however, the day consisted of a few touchy moments between the nominee and her more critical Democratic and Republican interrogators.

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