ConfirmThem

By Marshall Manson Posted in Judiciary Committee — Comments () / Email this page » / Leave a comment »

My friend and colleague Reid Cox has an excellent op/ed over at the Center for Individual Freedom. It's Reid's take on the question of questions for Judge Roberts at next week's hearing.

Here's the heart of the matter:

Judges can’t and shouldn’t make law when they personally believe a particular duly enacted law or constitutionally ratified provision is “undesirable.� Unelected and unaccountable judges are bound by the Constitution and laws just like the rest of us. If they weren’t how could ours continue to be a “government of the people, by the people, for the people�?

That doesn’t mean there’s nothing the Senators should ask Judge Roberts. It just means they should be asking whether he understands that “We the People� have chosen someone else to do our lawmaking.

And if you'd like to read my own much longer and more historically focused take on the same issue, check out this earlier post.