I also am concerned about judges who imagine they see everything in society addressed in the Constitution. It is worth remembering that the Constitut… - Alberto Gonzales

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I also am concerned about judges who imagine they see everything in society addressed in the Constitution. It is worth remembering that the Constitution is a very brief document. It defines the structure and authority of the federal government and protects a limited list of sacred rights. It does not, and was never intended to, address every legal issue that might arise in our nation’s history. Democracy is well-served when the Court says, in effect, "the Constitution simply does not comment on this issue." In contrast, constitutionalizing an issue takes it out of the democratic process. If the people disagree with a court decision based on the law, they have a remedy in the political process. Through their elected representatives, they can change the law. But once a court declares a law to be unconstitutional or prohibits some agency action on constitutional grounds, it is limiting the options of the people. Such a step should be taken only where it is clear that the Constitution has truly spoken on the issue and forbidden what the political branches have determined to do.

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About Alberto Gonzales

Alberto R. Gonzales (born August 4, 1955) was the 80th Attorney General of the United States, becoming the first Hispanic to serve in the position. He formerly served under U.S. President George W. Bush as White House Counsel. He announced his resignation as Attorney General on 27 August 2007.

Also Known As

Alternative Names: Alberto Reynaldo Gonzales

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Additional quotes by Alberto Gonzales

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.

We want to determine whether he understands the inherent limits that make an unelected Judiciary inferior to Congress or the President in making policy judgments. That, for example, a judge will never be in the best position to know what is in the national security interests of our country.

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