8: Justices and Judges
Appointing Constitutionalist Justices and Judges Who Refuse to Legislate from the Bench. Other Information:
Rick Santorum is no stranger to the issue of judges. As a U.S. Senator, he stood against activist judicial nominees time and
again. As a Republican leader in the Senate, he was pivotal in the fight to confirm U.S. Supreme Court Chief Justice Roberts
and Justice Alito. Rick Santorum knows what it is like to take on the left and to win on judges. He is the only Republican
Candidate for President to have done so. In addition, in 2004 when activist judges sought to legislate from the bench and
redefine marriage, Rick spearheaded the debate in favor of the Federal Marriage Amendment. When the Partial Birth Abortion
law was improperly struck down by the Supreme Court, he led the charge in Congress to send it back to them to get it right
which they did the second time, ending a horrific procedure. He believes that the time has come to break up the 9th Circuit
and send a message that judicial activism is not acceptable and to provide other Western states appellate judges that better
reflect their values and the U.S. Constitution. Rick understands and appreciates the fact that the design of our constitution
which has stood the test of time is distinguished by two simple yet profound ideas: first, that power should be separated
among three branches of government, and second, that each branch must be “checked and balanced” by the others so that each
branch does not usurp the powers of the others. Rick believes that one of the greatest threats to freedom occurs when un-elected
judges attempt to legislate from the bench. Rick believes that because judges serve for as long as thirty to forty years,
judicial appointments are one of a President’s most important and long-lasting decisions. Therefore, he has established criteria
for judicial appointments that will enable him to appoint excellent judges – and justices to the U.S. Supreme Court – who
will respect and abide by the Constitution. Rick is committed to nominating to federal judgeships only very qualified and
ethical individuals who, at a minimum, possess a clear record in support of the following key constitutional principles: That
the Constitution provides federal judges with authority to decide cases but that all legislative power is reserved exclusively
for the legislative branch and, accordingly, judges have no authority to legislate from the bench and must never do so. That
the Constitution provides that the U.S. Constitution and U.S. laws are the supreme law of the land, and that federal judicial
power extends to cases arising under the United States constitution and federal laws and, accordingly, judges should not in
any way rely upon any form of foreign law or international law for the purpose of interpreting the United States Constitution
and laws. Rick Santorum believes that the Judiciary is a critical part of our system of government, but it is the third branch
of government under our Constitution, and should not act like the first. President Obama often prefers when it does legislate
instead of Congress. For example, when he refuses to defend the Congressionally approved Defense of Marriage Act. This is
one more example of his leading from behind and one more example of his distorted view of the Constitution. Judicial activism
is a core strategy of the left and it needs to be confronted head on. Rick Santorum has done that and will continue to do
so.
Objective(s):
|
