Cal  Thomas

Gregory Peck, who died earlier this month, had many roles for which he will long be remembered. The one that may have had the most influence on this country was the "voice-over" he provided in 1987 for a TV commercial falsely characterizing Supreme Court nominee Robert Bork as favoring poll taxes and literacy tests, among other horrors.

The same liberal groups that "Borked" Bork are preparing a campaign against President Bush's nominee, should one or more justices retire. Sens. Tom Daschle (D-S.D.) and Patrick Leahy (D-Vt.) have called on President Bush to "consult " with them to avoid a "divisive confirmation fight."

What this nearly 40-year battle has been about is not just specific issues but the Constitution itself. Did the Founders know what they were doing when they wrote the greatest document ever penned by human hands that organized self-government for individuals, based on certain immutable principles, or were they merely creating an outline, the rest of which could be filled in as it pleased the courts? The answer to that question will determine the future of our country. We cannot afford to continue to get it wrong.

Since he was denied a seat on the court for which he was uniquely qualified, Robert Bork has produced a body of work that makes the case for returning to the "original intent" and understanding of the Constitution. He has consistently begged Americans to consider the history of the document and not how it has been "spun" by judges and advocacy groups into meaning what they want it to mean.

In a compelling essay, Bork again has taken on the argument for a "living Constitution" advanced by liberals who have used the courts, instead of the legislatures, to enact an agenda that would never have been embraced by elected officials for fear of voter backlash.

Writing in the publication The New Criterion (Nov. 21, 2002), Bork reviewed New York attorney Martin Garbus' book, Courting Disaster: The Supreme Court and the Unmaking of American Law."

Right (or in his case Left) from the start, Garbus claims the Supreme Court has been taken over by right-wingers (David Souter? Anthony Kennedy? Sandra Day O'Connor?). He sets up the ideological preview of coming liberal attractions that will demand Bush be stopped from putting "extremist " judges on the court. None of Garbus' assertions are true, but this is the "reality" liberals will create, and much of the media will willingly follow their lead.

Cal Thomas

Get Cal Thomas' new book, What Works, at Amazon.

Cal Thomas is co-author (with Bob Beckel) of the book, "Common Ground: How to Stop the Partisan War That is Destroying America".
TOWNHALL DAILY: Be the first to read Cal Thomas' column. Sign up today and receive daily lineup delivered each morning to your inbox.