Friday, January 20, 2006

Confirm Alito

When asked by Senator Brownback, "Could you articulate your view of how you look and interpret the Constitution?", Alito gave this response:

In interpreting the Constitution, I think we should proceed in the way we proceed in interpreting other important legal authorities; in interpreting statutes, for example. I think we should look to the text of the Constitution, and we should look to the meaning that someone would have taken from the text of the Constitution at the time of its adoption.

But I think we have to recognize that the Constitution is very different from statutes in some important respects.

Statutes are often very detailed, and they generally don't exist without revision for very long periods of time.

The Constitution was adopted to endure throughout the history of our country. And considering how long our country has existed, it's been amended relatively few times.

And the magic of that, I think, is that it sets out a basic structure for our government and protects fundamental rights. But on a number of very important issues, I think the framers recognized that times would change, new questions would come up. And so they didn't purport to adopt a detailed code, for example, governing searches and seizures. That was the example I gave yesterday, and I'll come back to it.

They could have set out a detailed code of search and seizure; they didn't do that. They said that the people are protected against unreasonable searches and seizures, and they left it for the courts -- and, of course, the legislative body can supplement this -- to apply that principle to the new situations that come up.

Now, when that is done, that doesn't amount to an amendment of the Constitution or a changing of the Constitution. It involves the application of a constitutional principle to the situation at hand.

Yes. Yes! Even the Washington Post supports his confirmation:

[...]Judge Alito is superbly qualified. His record on the bench is that of a thoughtful conservative, not a raging ideologue. He pays careful attention to the record and doesn't reach for the political outcomes he desires. His colleagues of all stripes speak highly of him. His integrity, notwithstanding efforts to smear him, remains unimpeached.

If you're still on the fence about whether or not to support Alito's confirmation, what's wrong with you?

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