I’m a very strict constructionist of the Constitution and I know how to question, or I know how to vet—to use the word that the press uses all the time—candidates for judicial offices, and I think I would be very successful in the United States Senate in doing that because I think that there’s so many in the judiciary and legal establishment that don’t understand the Constitution, don’t understand the separation of powers, don’t understand the concepts of restraint of power in the Constitution.
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A judge who is a 'strict constructionist' in constitutional matters will generally not be favorably inclined toward claims of either criminal defendants or civil rights plaintiffs—the latter two groups having been the principal beneficiaries of the Supreme Court's 'broad constructionist' reading of the Constitution.
Fidelity to the Constitution and the law has been the cornerstone of my professional life, and it’s the hallmark of the kind of judge I have tried to be for the past 18 years. If the Senate sees fit to confirm me to the position for which I have been nominated today, I promise to continue on that course.
I continue to believe that we can fight this overreach from within the existing system and framework. If I have to, I will use one challenge after another to dismantle governmental operations that I consider violations of the Constitution. During my time as a judge, as a justice, and as attorney general, I’ve had one overarching goal, and that is a strict interpretation and application of the laws and the Constitution. I would be Madisonian.
I taught constitutional law for ten years. I take the Constitution very seriously. The biggest problems that we're facing right now have to do with George Bush trying to bring more and more power into the executive branch and not go through Congress at all, and that's what I intend to reverse when I'm president of the United States of America.
I have never given a litmus test to anyone that I have appointed to the bench.... I feel very strongly about those social issues, but I also place my confidence in the fact that the one thing that I do seek are judges that will interpret the law and not write the law. We've had too many examples in recent years of courts and judges legislating. They're not interpreting what the law says and whether someone has violated it or not. In too many instances, they have been actually legislating by legal decree what they think the law should be, and that I don't go for. And I think that the two men that we're just talking about here, Rehnquist and Scalia, are interpreters of the Constitution and the law.
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So, the question fairly asked, "You say that you think he's going to be there on issues that matter to Alaskans that you have taken strong positions on." The reason I could not support Judge Kavanaugh in the cloture motion the afternoon, is that in my role and my responsibility as one Senator on this floor, I take this obligation that we have in the role of advice and consent as seriously as anything that I am obligated or privileged to be able to vote on. And so I have a very high standard. I have a very high bar for any nominee to the Supreme Court of the United States.
You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps.... Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.
What secret knowledge, one must wonder, is breathed into lawyers when they become Justices of this Court, that enables them to discern that a practice which the text of the Constitution does not clearly proscribe, and which our people have regarded as constitutional for 200 years, is in fact unconstitutional? […] The Court must be living in another world. Day by day, case by case, it is busy designing a Constitution for a country I do not recognize.
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