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." [Non-text portions of this message have been removed] -------------------------- Want to discuss this topic? Head on over to our discussion list, [EMAIL PROTECTED] -------------------------- Brooks Isoldi, editor [EMAIL PROTECTED] http://www.intellnet.org Post message: [email protected] Subscribe: [EMAIL PROTECTED] Unsubscribe: [EMAIL PROTECTED] *** FAIR USE NOTICE. This message contains copyrighted material whose use has not been specifically authorized by the copyright owner. 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