We’ve said repeatedly that Elena Kagan’s Supreme Court confirmation hearings, which start in two weeks, open up the perfect opportunity to the country to have a real discussion of the meaning of the Constitution and the role of the Supreme Court in all of our lives.
Today, we’ve tried to start the conversation by coming up with 20 questions that we would love to see senators on the Judiciary committee ask Kagan.
We want to know Kagan’s answers to questions including:
- Should Justices respect the original intent of the Constitution’s framers, even when that intent is antithetical to our current values and the Constitution as amended?
- Does the Constitution give corporations the same First Amendment rights as ordinary citizens?
- Has the Supreme Court, in cases like Bush v. Gore and Citizens United v. FEC, practiced proper judicial restraint?
- What theory would govern your evaluation of civil rights laws passed by Congress?
You can read all 20 questions—including a lot more detail—here.