Posted on 02/05/2007 11:50:10 AM PST by MittFan08
Following is a transcript of Mayor Giuliani’s address today to the SC GOP’s executive committee in Columbia, South Carolina, with regard to the mayor’s judicial philosophy:
On the Federal judiciary I would want judges who are strict constructionists because I am. I’m a lawyer. I’ve argued cases in the Supreme Court. I’ve argued cases in the Court of Appeals in different parts of the country. I have a very, very strong view that for this country to work, for our freedoms to be protected, judges have to interpret not invent the Constitution. Otherwise you end up, when judges invent the constitution, with your liberties being hurt. Because legislatures get to make those decisions and the legislature in South Carolina might make that decision one way and the legislature in California a different one. And that’s part of our freedom and when that’s taken away from you that’s terrible. President Bush has the great model because I think as the President he did appointed (sic) some really good ones and both of them are former colleagues of mine - Chief Justice Roberts and Justice Alito. Justice Scalia is a former colleague of mine. Somebody that … I think Chief Justice Roberts is a great chief justice and he’s young and he can have a long career and that’s probably the reason the President and Vice President chose him. I think those are the kinds of justices I would appoint – Scalia, Alito and Roberts. If you can find anybody as good as that, you are very, very fortunate.
(Excerpt) Read more at giulianiblog.blogspot.com ...
IMO it is HUGE that Rudy commits to appointing judges like Scalia and Roberts because most of the social issues are decided by the Supreme Court, not the president. This way, Rudy can credibly say "I'm not going to explicitly change my views but I will appoint judges who share the views of conservatives." Now, some of you will say Rudy is just lying about appointing such judges, but Rudy has a reputation for being a straight shooter. This way, we get Rudy as commander in chief for the war on terror, and he leaves the social issues like abortion to the Supreme Court. Which is the way it has to be under our constitution.
I was unaware that SCOTUS ruled on social issues. I learn something new everyday here!
And how does his strict constructionism (is that the same as originalism?) apply to Roe? Has he ever said?
Amendment X says so in so many words, no emanations or penumbras required.
The more I hear about Guiliani the more I like. I may not vote for him in the primary, but I will vote for him in the general to keep Hillary (or anyone else for that matter) out of office.
I want Thomas like judges.
If Rudy is sincere - and I have no reason to doubt that he isn't - then his comments remove a major doubt I've had about supporting him.
Where does Rudy stand on the second amendment? Seems like NY politicians in general don't care much for the second amendment
EXCEPT, of course, where the 2nd Amendment is concerned.
"I was unaware that SCOTUS ruled on social issues. I learn something new everyday here!"
Most people consider abortion to be one of the "social" issues. And the fact is that a right to an abortion is nowhere in the Constitution, so the Supreme Court invented the right as a matter of social activism. Therefore it has become a de facto social issue.
Seems a rather odd comment from someone who supported the AWB.
Scalia isn't a strict constructionist.
Scalia's approach to interpreting the Constitution is to look at the plain wording of the Constitution, and then delve into the founders' intents if their is some ambiguity.
These are Scalia's words, not mine
"EXCEPT, of course, where the 2nd Amendment is concerned."
Once again, guess who interprets the meaning of the 2nd Amendment? Yep, the Supreme Court. Plus, Rudy's campaign manager has stated that Rudy privately reassured him regarding 2nd Amendment issues as a precondition for him joining his campaign. Wish I had the link for that but I distinctly recall reading it.
Rudy Giuliani, as mayor of the City of New York, was by far the most aggressively anti-Second Amendment big city mayor in the United States. He issued proclamations in favor of Roe v. Wade. He opposed tort reform. He acted in every way -- but law enforcement -- like a normal far-left liberal. Now he's calling himself a "strict constructionist," as he runs for the Republican nomination.
And you believe him...?
If Rudy is secretly pro-2nd Amendment, how come he was the leading anti-gun crusader in the country during his term in office? I don't get it. Is the head of NARAL secretly pro-life?
"Under the Constitution, ''social issues'' are expressly the concerns of the several States, not the United States."
This would only be true for abortion if you believed the right to life was a "social issue" and not a fundamental right.
Hmmm..
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