"But it is fair to say that nobody has been as blank a slate as Elena Kagan. Although she has been solicitor-general for more than a year, she has never been a judge, so it is impossible to examine her rulings and her reasoning. She has barely written a thing, despite being an obviously brilliant and accomplished legal mind. Liberals worry that she is another wimpy, namby-pamby Democratic nominee and no match for the firebrands of the right that the second Bush appointed. Conservatives worry that she is a stealth leftist, an almost textbook case of a left-liberal marching silently and stealthily through the institutions of American power. But the truth is: none of us outside her circles has a clue." (Source)
This is the typical misinformation the media is trying to pawn off on the American Public. Elena Kagan has revealed herself in many ways over the years, the MSM just refuses to report on it.
In other cases, her statements are being suppressed. Her Master's Thesis, which is normally the culmination of almost 20 years of education, clearly shows she is a Socialist. Princeton University, however, has decided to "exercise its copyright" to keep it from the public. (Source) How Princeton maintains a copyright on a Thesis is a suspicious event in and of itself, especially if it was never published. Princeton is simply a "repository" for such documents, much like your local library. Kagan would be the one that holds the copyright and it appears that she pressured Princeton to "pull" the document from the public domain.
Then, her own Liberal Friend and Ally describes Kagan's attitude towards the Executive Branch:
"In it, Kagan notes the increase of presidential power as Congress builds the administrative and regulatory state. The powers that Congress vests in regulatory agencies are necessarily assumed and controlled by the president. Kagan writes as a detached observer, yet there is much to suggest her admiration for the evolution of the strong presidency in the period after World War II. Her career choices, often pushing back her academic career to accept appointments in Democratic administrations, reflect an attitude of engagement with it. All of this leads to the assumption that as a Supreme Court justice, Elena Kagan will be no enemy to the powers of the executive." (Source)
This should give every American room for pause. The Supreme Court is not subservient to the Executive. It is separate, as in the "Separation of Powers" clearly enunciated in our Constitution. An individual that doesn't understand this key point in the Highest "Law of the Land" can hardly be called a "brilliant" legal mind.
Socialism will always lead to Dictatorship through the very process Kagan admires so much, the creation of bureaucracies that lack Congressional Oversight. We have the CIA, Homeland Security, Executive Privilege, Executive Orders, Attorney Generals and a host of other violations of the Constitution all created by a Congress that doesn't want to understand the "Separation of Powers" Clause in the U.S. Constitution.
Neither the Congress, nor the Supreme Court, has the power to cede any of its authority to the Executive. The Attorney General does not have the right to interpret the Constitution. That power is reserved for the Supreme Court. Yet, we have Waco and other instances where the Attorney General violated the right to "due process" that is guaranteed to all individuals under the Constitution.
If Kagan is appointed to the Supreme Court, we can expect her to sit back and passively submit to a fear mongering Executive Branch that is beyond the "Imperial Presidency" that history has warned us about. Congress is supposed to have access to every document, file, email and other communication that exists within the Executive Branch. This is called "Oversight".
The Supreme Court is supposed to rule on the actions of the Executive as they relate to the Constitution. This is called Judicial review and was established long ago through Marbury vs. Madison.
In a true Constitutional world, our executive would be impeached for not providing information to Congress and our Supreme Court would be dismantling the "Imperial Presidency", not creating it. It is our responsibility as American Citizens to let our Senators know that Kagan is completely unacceptable to us.