Principles to Consider When Evaluating a Supreme Court Nominee
As the Supreme Court nomination of Elena Kagan is upon us, Tea Party Patriots has adopted the following set of principles to consider when evaluating any Supreme Court nominee. They encourage the Senate to use these principles as Senators are making decisions regarding the current and future Supreme Court nominees.
1. Judges must interpret the Constitution of the United States as written and not attempt to modify it, either by inventing new rights or by ignoring or diluting rights already there. The Constitution already provides an amendment process that gives that power to the people and their elected officials.
2. Judges must not use their positions to replace the text of the law and Constitution of the United States with their own personal feelings or agenda or “life experiences.” Nor should they allow empathy, political favor, or political identification to affect their legal decisions. To do so is to engage in judicial activism.
3. Judges must understand that the Federal government has no power if the Constitution does not explicitly provide it. The Founders did this to maximize personal and economic liberty. The Constitution reserves all other rights to the states and to the people.
4. Judges must respect the delicate checks and balances and the separation of powers among the branches of government, refusing to become a tool of either the Legislative or Executive branches, and they must be prepared to invalidate efforts of either branch to overstep its constitutionally delegated powers.
5. The Constitution is an American document, and declares that it shall be “the supreme Law of the Land.” Foreign law has no place as precedent or authority in the interpretation of the Constitution.
Q: This seems very balanced. What do you think?