Mitt Romney and the Supreme Court

Power Line ^ | October 4, 2007

[Canticle_of_Deborah]

Douglas W. Kmiec is a professor of constitutional law at Pepperdine University. He served as Assistant Attorney General, Office of Legal Counsel, U.S. Department of Justice under Presidents Reagan and George H.W. Bush. He serves now as a co-chair of the Romney for President Advisory Committee on the Constitution and the Courts.

In the piece below, submitted to Power Line by the Romney campaign, Professor Kmiec previews the Supreme Court term that starts this week, and argues that a President Romney would appoint Justices who decide cases consistent with a deep understanding of the rule of law. This includes the kind of approach to judging that Justice Thomas described at dinner on Monday which is called "originalism." It also includes an awareness that, as Justice Scalia has put it, the Supreme Court is not a "junior varsity Congress."

With the beginning of the new Supreme Court term, it is appropriate to reflect, yet again, on the founders' intention for the Court to be the "least dangerous branch." This does not mean that the Court was thought to be unimportant. Quite the contrary, in introducing the Bill of Rights, James Madison anticipated that the Court would be the guardian of our civil liberties. And even before the Bill of Rights were added as amendments, Alexander Hamilton keenly observed that the Constitution itself, in its structural separation of powers, was itself a Bill of Rights. No, the appellation as "least dangerous" was meant as a compliment. It was the Court that would be the keeper of foundational ideals, including the founding idea most essential of all – that the Constitution was a sublime reflection of human nature which was to be construed consistently with the premises of the Declaration of Independence.

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[Canticle_of_Deborah]

--snip--

A great Chief Justice once said, "the Declaration is the promise, the Constitution, its fulfillment."

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[Canticle_of_Deborah]

Ping

[Dr. Sivana]

A great Chief Justice once said, "the Declaration is the promise, the Constitution, its fulfillment."

Some of us would think that the Articles of Confederation were a closer fulfillment. In any event, the War Between the States and its aftermath pretty much ended the original vision.

[WOSG]

Those who were living back then, our Founders, determined that the articles of confederation were not fulfilling anything. Hence the Constitution that, with amendment, has endured.

I’d say it’s done pretty well for America.

[ansel12]

NATIONAL REVIEW; "Waiting on Fred" Aug 27 2007 The Supreme Court, and judicial issues in general, are Thompson's strong suit. Not only does he have the background-the Watergate investigation, the Senate Judiciary Committee, private practice, and the job of guiding John Roberts through his confirmation hearings-he also knows the conservative legal stars who would likely be candidates for the Court in coming years. But he won't name names, beyond the men already there, "I like Roberts and Alito and Scalia and Thomas" he tells me. "We're in a heck of a lot better shape because of Roberts and Alito, and one more gain would put us in even better shape." Should he become president, Thompson would undoubtedly try to nominate that elusive fifth conservative. ============================================================