[The government] will be forced to argue that the mere inaction of an individual American citizen is an act of interstate commerce worthy of regulation. If that proposition is upheld by the Supreme Court — then we no longer have a limited government. The government would then have the power to outlaw and punish (by fine or prison term) any American’s decision not to exercise, not to vote, not to eat four servings of vegetables a day — any human inaction would be sanctionable under the Interstate Commerce Clause — and then adios liberty.

The president, who knows nominee Elena Kagan personally from their university days together, doubtlessly has chosen her in anticipation that she will uphold his legislation…

Any senator — even with the most impeccable conservative credentials — who votes for a nominee obviously selected to contract our liberties, will face an outraged electorate in November, or in 2012 or 2014, if that is their time in the tumbrel.

If senators continue to honor the rules of confirmation, then they are choosing to continue the march toward the end of constitutional, limited government and will deserve whatever demise the people have in store for them. There’s a doozy of a storm brewing — and not only Democratic ships are vulnerable to sinking.