Hold
Hello, Judge.
If you are
Lawyer or an American. I guess it doesn't.
Get any bigger or better than this. Congratulations.
Um
In addition to honoring
The wonderful state of Minnesota.
And unless you correct me, I am going to assume
That you're
Your purple attire is also
Meant to honor and ooh
In my state.
And if I squint real hard, I might call it Mary and Blue.
The commerce of
My Southern university, Louisiana.
I want
I want to compliment you and the Biden White House.
For
Selecting Senator Doug Jones to advise you.
Senator Jones knows the Senate.
And the Senate. No, Senator Jones.
And we
Know him to be quite the intellect.
But more important
We know him to be a person of good judgment and goodwill.
And I'm
I'm glad that you've been listening to him.
Um
I hope we will be able to use this hearing today to talk about, if
not implicitly, at least implicitly.
Two subjects.
The first is the legitimacy of the United States Supreme Court.
Um
Where does the court get its legitimacy?
What can we do to enhance it?
Judicial legitimacy is important.
I don't even tell you that.
I'm rather fond of the Constitution.
I know you are, too.
When members of the United States Supreme Court interpret it.
I want the American people to believe them. I want the American people
will say well,
I may not agree, but the men and women who made that decision or
intellectually honest and people of good faith
One of the primary roles of the United States Supreme Court is to
uphold the rule of law.
And sometimes justices that have to uphold the room of all when it's
not popular.
Sometimes justices have to uphold the rule of law when it's not
Popular with the majority of Americans.
Boy, that's tough.
It's also important.
Um
Sometimes not generally, but sometimes the majority can mean that
just
All the fools are on the same side.
And that's what the courts there for.
And
I'm rather fond of the bill of rights, too, And I know you are as
well. I've never believed that the bill of rights
Was there for the
For the high school quarterback.
Of the prom queen.
They're covered by it.
But the bill of rights is there too.
Protect the rights. Who of people who don't see the world exactly
like
Everybody else.
Or who don't look
Exactly like everybody else.
Now. Unfortunately, through history, we have had people
Somewhere and engine.
Who tried to legitimize
The Supreme Court.
Um, we had a president way back when who tried to impeach a Supreme
Court justice?
We had another president.
Who wanted to pack the court.
Um
I remember the impeach Earl Warren Science.
Down the Warren Court.
Um
And most of the people who want to Dingle Jeremies, the Supreme Court
Believed that the
Unlike our founders and my judge.
Believe that
That members of the Supreme Court ought to be to be and our politicians
in robes.
They believe that the United States Supreme Court ought to be a mini
Congress.
They believe that the law
It's not the mall tomorrow's supposed to just be politics practiced
in a different way.
And they believe in court packing.
And they're wrong.
Number two. I hope today that we can use this as an opportunity.
To talk about, if not explicitly, at least implicitly. That's what
I'm going to try to do.
The appropriate balance between representative government.
And declarative government.
Now in representative government, as you well know.
Um people through their elected representatives make part. Massie.
And declarative government.
Policy is made.
By the enigmatic the administrative state.
And the federal judiciary.
Now they're both are important.
Both of important I'm not saying this is a zero sum came or either,
or
What's what's just as important is we have the appropriate balance
between
Representative government.
And what I'll call the declarative government. I mean, we haven't
administrative state Did any of us ever think it would get this big
is that healthy?
We need to ask ourselves in.
Is it really healthy?
To arrive at a circumstance where the administrative state passes
35 laws a year to R one.
Is it really healthy to have an administrative state that makes its
own laws interprets its own laws and in forces its own laws?
Before courts.
With respect to which he admitted straight at ST upon the judges.
I think that's a fair question to ask.
In terms of with respect to to to declare it of government in the
Supreme Court and the federal judiciary.
Federal judges have enormous power They have to, but they do They
have enormous power.
Your opponent for life.
You can't be on elected.
Your sour can't even be reduced.
And you have to have that power.
Judicial powers important
So is judicial restraint.
I believe that the appropriate role of the federal judiciary
Is the following
Federal judges.
Don't make law.
They don't tell us what the law to be.
They tell us what tomorrow is.
Now, I said primarily
Because, of course, sometimes federal judges may call
Make the law of the case, You decide a case.
You have to tell us what reasonable means In terms of searches and
seizures, you have to help us define restraint of trade after we
passed the statute, so of course, judges.
Make up.
But I'm talking about
about the proper balance. I'll leave you with the these last thoughts.
Um, and then I'll yield back my time.
Tom.
I want you to hear the words of wonder. In what
In my opinion, is is
Is one of our most distinguished
Supreme Court justices. I'm gonna read it, read his words.
The American people love democracy.
And the American people are not fools.
The people know their value judgments.
Are quite as good as those taught in any law school.
Maybe better.
Value judgments after all.
Should be voted on.
Not dictate.
And look forward, Judge
To getting to know you better.
And