President Washington, President Lincoln, President Wilson, President Roosevelt have all authorized electronic surveillance on a far broader scale. - Alberto Gonzales

From the day the President announced my nomination as the Attorney General of the United States three months ago, I have thought often about how to best prepare to meet the awesome responsibilities of this office. Outside these walls, the cries of those powerless souls who are injured, disenfranchised or otherwise aggrieved may indeed be faint. But those same pleas for help echo powerfully within the Department of Justice. Every day, like a steady drumbeat we are asked to provide an answer to a problem, to secure a remedy, to be a champion — and every day this Department responds as it has done so time and time again throughout the history of our beloved America.

Free speech. Freedom of association. These values are repulsive to the radical Islamic terrorist. They fear them and suppress them whenever and wherever they can. Yet through those very means, we as a society are protective of that terrorist’s rights. This is ironic, but good. Because, as you well know, America has a unique responsibility to set the global standard for liberty and fair conduct. The world looks to us to set high standards for freedom, and we take that leadership role very seriously. Our commitment to leading by example – on issues from human rights to free speech – is strong. Indeed, other countries strike a different balance between security and freedom, both in the activities they punish as crimes, and in the procedures with which they do so. In some instances, our allies have adopted or utilized some counterterrorism tools that we have not adopted in the United States because doing so would abridge the civil liberties protected by our constitution.

Of course, the power and authority of courts — whether to improperly take policymaking power for themselves or to engage in legitimate decision making — is dependent upon the weight of their judgment. That is, it depends on their credibility with the public and the other branches of government. Judicial decisions are obeyed, in large part, because the judgment of the federal Judiciary is respected. But it is perhaps underappreciated that when courts apply an activist philosophy that stretches the law to suit policy preferences, they actually reduce the credibility and authority of the Judiciary. In so doing, they undermine the rule of law that strengthens our democracy. In contrast, a judge who humbly understands the role of the courts in our tripartite system of government decides cases based on neutral principles. He generally defers to the judgment of the political branches, and respects precedent – the collective wisdom of those who have gone before. In so doing, that judge strengthens respect for the Judiciary, upholds the rule of law, and permits the people — through their elected representatives — to make choices about the issues of the day.