Here's a novel (and correct) idea.

 

Bruce

 

 

http://www.cnsnews.com/ViewCulture.asp?Page=/Culture/archive/200611/CUL20061
117a.html

 

Alito: Courts Not 'Center of the Universe' in Legal Matters
By Randy Hall
CNSNews.com Staff Writer/Editor
November 17, 2006

(CNSNews.com) - "It is wrong to think that the courts are the center of the
universe when it comes to all legal questions," U.S. Supreme Court Justice
Samuel Alito told more than 1,300 people attending a lawyers' conference in
Washington, D.C., on Thursday.

"All public servants, not simply judicial officers, have played a role in
shaping our law, interpreting our Constitution and directing the actions of
various legal institutions," said the court's newest member in a speech at
the annual dinner of the Federalist Society.

Alito, an advocate of judicial restraint, said legislators have a duty to
think about the constitutionality of bills they may draft or introduce; and
likewise, those in the executive branch must consider whether legislation is
constitutional before signing it. 

Alito said it is wrong for public officials "to ignore questions about the
balance of their authority in the constitutional system," depending instead
on the courts to sort it out for them.

"The oath we take as public servants demands that we think long and hard
about the legal and constitutional issues presented by the actions we take,
and the framers of our constitutional system expected such shared
responsibility," Alito said.

As Cybercast News Service previously reported, Alito was named
<http://www.cnsnews.com/Culture/Archive/200510/CUL20051031a.html>  as the
president's choice to replace retiring Justice Sandra Day O'Connor in
October 2005, and he underwent contentious confirmation hearings
<http://www.cnsnews.com/Nation/Archive/200601/NAT20060110b.html>  before
being approved by the Senate
<http://www.cnsnews.com/Politics/Archive/200601/POL20060131b.html>  this
past January.

At the beginning of his talk, the Supreme Court justice thanked his
listeners for their warm reception. He joked that he was expecting a similar
reception when he appeared before the Senate Judiciary Committee -- but "I
was disappointed." 

The past year has been "one of the strangest periods of my life," Alito
said. "Before President Bush nominated him for the Supreme Court, Alito said
he'd spent the previous 15-plus years as a "cloistered" federal appeals
judge in New Jersey.

"During that period, I would go literally for weeks without ever seeing any
human being at work other than my secretary and my law clerks," he noted.
"To be plucked from that existence and suddenly plunged into the Washington
world of politics and media attention was a shock for me."

Nevertheless, that process resulted in something more positive than his
eventual confirmation, Alito said.

"I saw a growing interest in our Constitution from Americans in all walks of
life," he said. "They were interested in what our Constitution means and how
to go about interpreting it and the proper role of courts in our structure
of government.

"As the people learn more about the Constitution and about the way in which
the law impacts their lives, it is quite possible that they will begin to
expect leaders of all of our branches and levels of government to take a
fresh, independent look at whether authority is being exercised
legitimately," Alito added.

Alito indicated that the recent focus on the proper role of judges may be
helpful in the end -- if it encourages judges to consider what "role they
play in our constitutional system." Alito said for judges, "striking the
right balance between independence and accountability is a struggle" -- and
always has been.

Alito pointed to remarks made to a Federalist Society gathering in 1988 by
then-President Ronald Reagan, who credited the conservative organization
with changing the culture of the nation's law schools. "Eighteen years
later, some may wonder just how much of that culture has changed," the
justice noted.

The Federalist Society, founded in 1982, is a group of conservatives and
libertarians who are dedicated to reforming the current legal order. Among
other things, members "emphatically" believe that it's the duty of judges
"to say what the law is, not what it should be."

Alito hailed President Reagan for understanding, years ago, the need to
change the liberal, activist culture of law schools, even though Reagan
himself was not a lawyer. Alito called it "the beginning of the beginning."

As part of its annual dinner, the Federalist Society honored Supreme Court
Justice Antonin Scalia for his 20 years on the bench.

"As most of you probably know, he was confirmed in the Senate by a vote of
98-0," Alito said. "I always thought that any Italian-American circuit judge
who was born in Trenton, N.J., and was nominated for the Supreme Court would
receive a similar reception in the Senate..

"It didn't turn out that way, but what's 40 votes?" Alito joked, referring
to his 58-42 Senate confirmation vote.

Also praising Scalia was Sen. Mitch McConnell, a Kentucky Republican and the
incoming minority leader
<http://www.cnsnews.com/Politics/Archive/200611/POL20061116c.html> .

While noting that he is in the Senate and Scalia is on the Supreme Court,
McConnell said that they are "really doing the same type of work. We both
spend much of our time trying to prevent others from creating really bad
law."

Scalia, thanking everyone for the compliments, said the situation reminded
him of something he once heard President Lyndon Johnson say: "I wish my
parents had been here. My father would have been proud, and my mother would
have believed it."



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