thank you __PUNCT__ ted __PUNCT__ and thank you all veri much __PUNCT__
dr __PUNCT__ hatch __PUNCT__ i grate for your invit to thi great univers __PUNCT__
and senat richard burr __PUNCT__ thank you for that warm welcom to north carolina and to wait chapel __PUNCT__
i honor to be here __PUNCT__ and i brought along a friend __PUNCT__
i sure you recogn him __PUNCT__ my pal __PUNCT__ senat fredthompson of tennesse __PUNCT__
we appreci the hospit of the student and faculti of wake forestunivers __PUNCT__ and especi dure exam __PUNCT__
i know exam week involv some tough moment __PUNCT__ likewhen you up at __NUM__ a.m __PUNCT__ and have to choos between studi or watch on of fred old movi __PUNCT__
most of the student here look confid and readi __PUNCT__ so you need no advic from me as final exam draw near __PUNCT__
but for those of you who might be feel a slight sens of panic come on __PUNCT__ all i can sai is that a few bad grade don't have to be end of the road __PUNCT__ so just give it your best and move on __PUNCT__
an undistinguish academ record can be overcom in life __PUNCT__ or at least that is the hope that ha long sustain me __PUNCT__
your kind invit bring me here as a candid for presid of the unit state __PUNCT__ and anyon in that pursuit ha plenti of promis to make and to keep __PUNCT__
when it all over __PUNCT__ howev __PUNCT__ the next presid will be compel to make just on promis __PUNCT__ in the same word that __NUM__ other have spoken when the moment arriv __PUNCT__
the framer of our constitut had a knack for come right to the point __PUNCT__ and it show in the __NUM__ __PUNCT__ word oath that end with a pledg to preserv __PUNCT__ protect __PUNCT__ and defend the constitut itself __PUNCT__
thi is what we requir and expect of everi presid __PUNCT__ no matter what the agenda or loyalti of parti __PUNCT__
all the power of the american presid must serv the constitut __PUNCT__ and therebi protect the peopl and their liberti __PUNCT__
for the chief execut or ani other constitut offic __PUNCT__ the duti and boundari of the constitut ar not just a set of help suggest __PUNCT__
thei ar not just guidelin __PUNCT__ to be observ when it conveni and loos interpret when it isn't __PUNCT__
the clear power defin by our constitut __PUNCT__ and the clear limit of power __PUNCT__ lose noth of their relev with time __PUNCT__ becaus the danger thei guard against ar found in everi time __PUNCT__
in america __PUNCT__ the constitut restraint on power is as fundament as the exercis of power __PUNCT__ and often more so __PUNCT__
yet the framer knew that these restraint would not alwai be observ __PUNCT__
thei were idealist __PUNCT__ but thei were worldli men as well __PUNCT__ and thei knew that abus of power would aris and need to be firmli check __PUNCT__
their design for democraci wa drawn from their experi with tyranni __PUNCT__
a suspicion of power is ingrain in both the letter and spirit of the american constitut __PUNCT__
in the end __PUNCT__ of cours __PUNCT__ their grand solut wa to alloc feder power three wai __PUNCT__ reserv all other power and right to the state and to the peopl themselv __PUNCT__
the execut __PUNCT__ legisl __PUNCT__ and judici branch ar often wari of on anoth excess __PUNCT__ and thei should be __PUNCT__
thei seek to keep each other within bound __PUNCT__ and thei ar suppos to __PUNCT__
and though you wouldn't alwai know it from watch the dai __PUNCT__ to __PUNCT__ dai affair of modern washington __PUNCT__ the framer knew exactli what thei were do __PUNCT__ and the system of check and balanc rare disappoint __PUNCT__
there is on great except in our dai __PUNCT__ howev __PUNCT__ and that is the common and systemat abus of our feder court by the peopl we entrust with judici power __PUNCT__
for decad now __PUNCT__ some feder judg have taken it upon themselv to pronounc and rule on matter that were never intend to be heard in court or decid by judg __PUNCT__
with a presumpt that would have amaz the framer of our constitut __PUNCT__ and legal reason that would have mystifi them __PUNCT__ feder judg todai issu rule and opinion on polici question that should be decid democrat __PUNCT__
assur of lifetim tenur __PUNCT__ these judg show littl regard for the author of the presid __PUNCT__ the congress __PUNCT__ and the state __PUNCT__
thei displai even less interest in the will of the peopl __PUNCT__
and the onli remedi avail to ani of us is to find __PUNCT__ nomin __PUNCT__ and confirm better judg __PUNCT__
quit rightli __PUNCT__ the proper role of the judiciari ha becom on of the defin issu of thi presidenti elect __PUNCT__
it will fall to the next presid to nomin hundr of qualifi men and women to the feder court __PUNCT__ and the choic we make will reach far into the futur __PUNCT__
my two prospect oppon and i have veri differ idea about the natur and proper exercis of judici power __PUNCT__
we would nomin judg of a differ kind __PUNCT__ a differ calib __PUNCT__ a differ understand of judici author and it limit __PUNCT__
and the peopl of america __PUNCT__ voter in both parti whose wish and convict ar so often disregard by unelect judg __PUNCT__ ar entitl to know what those differ ar __PUNCT__
feder court ar charg with appli the constitut and law of our countri to each case at hand __PUNCT__
there is great honor in thi respons __PUNCT__ and honor is the first thing to go when court abus their power __PUNCT__
the moral author of our judiciari depend on judici self __PUNCT__ restraint __PUNCT__ but thi author quickli vanish when a court presum to make law instead of appli it __PUNCT__
a court is hardli compet to check the abus of other branch of govern when it cannot even control itself __PUNCT__
on justic of the court remark in a recent opinion that he wa base a conclus on __PUNCT__ my own experi __PUNCT__ even though that conclus found no support in the constitut __PUNCT__ or in applic statut __PUNCT__ or in the record of the case in front of him __PUNCT__
such candor from the bench is rare and even commend __PUNCT__
but it wa not exactli new that the court had taken to set asid the fact and the constitut in it review of case __PUNCT__ and especi in polit charg case __PUNCT__
often __PUNCT__ polit caus ar brought befor the court that could not succe by democrat mean __PUNCT__ and some feder judg ar eager to oblig __PUNCT__
politician sometim contribut to the problem as well __PUNCT__ abdic respons and let the court make the tough decis for them __PUNCT__
on abus of judici author inspir more __PUNCT__
on act of raw judici power invit other __PUNCT__
and the result __PUNCT__ over mani year __PUNCT__ ha been a seri of judici opinion and edict w ander farther and farther from the clear mean of the constitut __PUNCT__ and from the clear limit of judici power that the constitut defin __PUNCT__
sometim the express will of the voter is disregard by feder judg __PUNCT__ as in a __NUM__ case concern an aggrav murder in the state of missouri __PUNCT__
as you might recal __PUNCT__ the case inspir a suprem court opinion that left poster with a lengthi discours on intern law __PUNCT__ the constitut of other nation __PUNCT__ the mean of life __PUNCT__ and __PUNCT__ evolv standard of decenc __PUNCT__
these medit were in the tradit of __PUNCT__ penumbra __PUNCT__ eman __PUNCT__ and other airi construct the court ha emploi over the year as poor substitut for clear and rigor constitut reason __PUNCT__
the effect of that rule in the missouri case wa familiar too __PUNCT__
when it final came to the point __PUNCT__ the result wa to reduc the penalti __PUNCT__ disregard our constitut __PUNCT__ and brush off the standard of the peopl themselv and their elect repres __PUNCT__
the year __NUM__ also brought the case of susett kelo befor the suprem court __PUNCT__
here wa a woman whose home wa taken from her becaus the local govern and a few big corpor had design of their own on the land __PUNCT__ and she wa get in the wai __PUNCT__
there is hardli a clearer principl in all the constitut than the right of privat properti __PUNCT__
there is a veri clear standard in the constitut requir not onli just compens in the us of emin domain __PUNCT__ but also that privat properti mai be taken onli for __PUNCT__ public us __PUNCT__
but appar that standard ha been __PUNCT__ evolv __PUNCT__ too __PUNCT__
in the hand of a narrow major of the court __PUNCT__ even the basic right of properti doesn't mean what we all thought it meant sinc the found of america __PUNCT__
a local govern seiz the privat properti of an american citizen __PUNCT__
it gave that properti awai to a privat develop __PUNCT__
and thi power plai actual got the constitut __PUNCT__ thumb __PUNCT__ up __PUNCT__ from five m ember of the suprem court __PUNCT__
then there wa the case of the man in california who file a suit against the entir unit state congress __PUNCT__ which i guess made me a defend too __PUNCT__
thi man insist that the word __PUNCT__ under god __PUNCT__ in the pledg of allegi violat hi right under the establish claus of the first amend __PUNCT__
the ninth circuit court agre __PUNCT__ as it usual doe when litigi peopl seek to rid our countri of ani trace of religi devot __PUNCT__
with an air of final __PUNCT__ the court declar that ani further refer to the almighti in our pledg were __PUNCT__ and i quot __PUNCT__ impermiss __PUNCT__
and it wa so order __PUNCT__ gener of piou __PUNCT__ unoffend custom supposedli overturn by on decre out of a courtroom in san francisco __PUNCT__
and now it turn out the same litig is back for more in the ninth circuit __PUNCT__ thi time demand that the word __PUNCT__ in god we trust __PUNCT__ be forev remov from our currenc __PUNCT__
i have a feel thi fellow will get wind of my remark todai __PUNCT__ and we all in for troubl when he hear that we met in a chapel __PUNCT__
in the shorthand of constitut discours __PUNCT__ these abus by the court fall under the head of __PUNCT__ judici activ __PUNCT__
but real activ in our countri is democrat __PUNCT__
real activist seek to make their case democrat __PUNCT__ to win heart __PUNCT__ mind __PUNCT__ and major to their caus __PUNCT__
such peopl throughout our histori have often shown great ideal and done great good __PUNCT__
by contrast __PUNCT__ activist lawyer and activist judg follow a differ method __PUNCT__
thei want to be spare the inconveni of campaign __PUNCT__ elect __PUNCT__ legisl vote __PUNCT__ and all of that __PUNCT__
thei don't seek to win debat on the merit of their argument __PUNCT__ thei seek to shut down debat by order of the court __PUNCT__
and even in courtroom __PUNCT__ thei appli a doubl standard __PUNCT__
some feder judg oper by fiat __PUNCT__ shrug off gener of legal wisdom and preced while expect their own opinion to go unquest __PUNCT__
onli their favorit preced ar to be consid __PUNCT__ settl law __PUNCT__ and everyth els is fair game __PUNCT__
the sum effect of these caprici rule ha been to spread confus instead of clariti in our vital nation debat __PUNCT__ to leav resent instead of resolut __PUNCT__ and to turn senat confirm hear into a gauntlet of abus __PUNCT__
over the year __PUNCT__ we have all seen the dreari ritual that now pass for advic and consent in the confirm of nomine to our suprem court __PUNCT__
we seen and heard the shabbi treatment accord to nomine __PUNCT__ the caricatur and code word shout or whisper __PUNCT__ the twenti __PUNCT__ minut question and two __PUNCT__ minut answer __PUNCT__
we have seen disagr redefin as disqualif __PUNCT__ and the least infract of approv doctrin pounc upon by senat __PUNCT__ their staff __PUNCT__ and their alli in the media __PUNCT__
alwai hang in the air over these tens confirm battl is the suspicion that mayb __PUNCT__ just mayb __PUNCT__ a nomine for the court will dare to be faith to the clear intent of the framer and to the actual mean of the constitut __PUNCT__
and then no tactic of abus or delai is out of bound __PUNCT__ until the nomine is declar __PUNCT__ in troubl __PUNCT__ and the spous is in tear __PUNCT__
of cours __PUNCT__ in the daili routin of senat obstruction __PUNCT__ presidenti nomine to the lower court ar now lucki if thei get a hear at all __PUNCT__
these court were creat long ago by the congress itself __PUNCT__ on what then seem the safe assumpt that futur senat would attend to their duti to fill them with qualifi men and women nomin by the presid __PUNCT__
yet at thi moment there ar __NUM__ nomin pend __PUNCT__ includ sever for the fourth circuit court of appeal that serv north carolina __PUNCT__
becaus there ar so mani case with no judg to hear them __PUNCT__ a __PUNCT__ judici emerg __PUNCT__ ha been declar here by the administr offic of u. __PUNCT__ court __PUNCT__
and a third of the entir fourth circuit court of appeal is vacant __PUNCT__
but the alarm ha yet to sound for the senat major leadership __PUNCT__
their idea of a judici emerg is the possibl confirm of ani judg who doesn't meet their own narrow test of parti and ideolog __PUNCT__
thei want feder judg who will push the limit of constitut law __PUNCT__ and __PUNCT__ to thi end __PUNCT__ thei have push the limit of senat rule and simpl courtesi __PUNCT__
as my friend and colleagu senat tom coburn of oklahoma point out __PUNCT__ somehow these veri same senat can alwai find time to process earmark spend project __PUNCT__
but month go by __PUNCT__ year even __PUNCT__ and thei can't get around to vote on judici nomin __PUNCT__ to meet a basic senat duti under our constitut __PUNCT__
if a lobbyist show up want anoth bridg to nowher __PUNCT__ or mayb even a courthous with a friend name on it __PUNCT__ that request will be handl by the senat with all the speed and urgenc of import state busi __PUNCT__
but when a judici nomine arriv to the senat __PUNCT__ a nomine to presid at a courthous and administ justic __PUNCT__ then he or she had better settl in __PUNCT__ becaus the senat major ha other busi and other prioriti __PUNCT__
thing almost got even wors a few year ago __PUNCT__ when there were threat of a filibust to requir __NUM__ vote for judici confirm __PUNCT__ and threat in repli of a chang in senat rule to prevent a filibust __PUNCT__
a group of senat __PUNCT__ nicknam the __PUNCT__ gang of __NUM__ __PUNCT__ got togeth and agre we would not filibust unless there were __PUNCT__ extraordinari circumst __PUNCT__
thi parliamentari truce wa brief __PUNCT__ but it last long enough to allow the confirm of justic robert __PUNCT__ alito __PUNCT__ and mani other judg __PUNCT__
and it show that seriou differ can be handl in a seriou wai __PUNCT__ without allow senat busi to unravel in a chao of partisan anger __PUNCT__
here __PUNCT__ too __PUNCT__ senat obama and clinton have veri differ idea from my own __PUNCT__
thei ar both lawyer themselv __PUNCT__ and don't seem to mind at all when fundament question of social polici ar preemptiv decid by judg instead of by the peopl and their elect repres __PUNCT__
nor have thei rais object to the unfair treatment of judici nomine __PUNCT__
for both senat obama and senat clinton __PUNCT__ it turn out that not even john robert wa quit good enough for them __PUNCT__
senat obama in particular like to talk up hi background as a lectur on law __PUNCT__ and also as someon who can work across the aisl to get thing done __PUNCT__
but when judg robert wa nomin __PUNCT__ it seem to bring out more the lectur in senat obama than it did the gui who can get thing done __PUNCT__
he went right along with the partisan crowd __PUNCT__ and wa among the __NUM__ senat to vote against thi highli qualifi nomine __PUNCT__
and just where did john robert fall short __PUNCT__ by the senat measur __PUNCT__ well __PUNCT__ a justic of the court __PUNCT__ as senat obama explain it __PUNCT__ and i quot __PUNCT__ should share __PUNCT__ on deepest valu __PUNCT__ on core concern __PUNCT__ on broader perspect on how the world work __PUNCT__ and the depth and breadth of on empathi __PUNCT__
these vagu word attempt to justifi judici activ __PUNCT__ come to think of it __PUNCT__ thei sound like an activist judg wrote them __PUNCT__
and whatev thei mean exactli __PUNCT__ somehow senat obama standard prove too lofti a standard for a nomine who wa brilliant __PUNCT__ fair __PUNCT__ mind __PUNCT__ and learn in the law __PUNCT__ a nomine of clear rectitud who had prove more than the equal of ani lawyer on the judiciari committe __PUNCT__ and who todai is respect by all as the chief justic of the unit state __PUNCT__
somehow __PUNCT__ by senat obama standard __PUNCT__ even judg robert didn't measur up __PUNCT__
and neither did justic samuel alito __PUNCT__
appar __PUNCT__ nobodi quit fit the bill except for an elit group of activist judg __PUNCT__ lawyer __PUNCT__ and law professor who think thei know wisdom when thei see it __PUNCT__ and thei see it onli in each other __PUNCT__
i have my own standard of judici abil __PUNCT__ experi __PUNCT__ philosophi __PUNCT__ and tempera __PUNCT__
and chief justic robert and justic samuel alito meet those standard in everi respect __PUNCT__
thei would serv as the model for my own nomine if that respons fall to me __PUNCT__
and yet when presid bill clinton nomin stephen breyer and ruth bader ginsberg to serv on the high court __PUNCT__ i vote for their confirm __PUNCT__ as did all but a few of my fellow republican __PUNCT__
why __PUNCT__ for the simpl reason that the nomine were qualifi __PUNCT__ and it would have been petti __PUNCT__ and partisan __PUNCT__ and disingenu to insist otherwis __PUNCT__
those nomine repres the consid judgment of the presid of the unit state __PUNCT__
and under our constitut __PUNCT__ it is the presid call to make __PUNCT__
in the senat back then __PUNCT__ we didn't pretend that the nomine __PUNCT__ disagr with us were a disqualif from offic even though the disagr were seriou and obviou __PUNCT__
it is part of the disciplin of democraci to respect the role and respons of each branch of govern __PUNCT__ and __PUNCT__ abov all __PUNCT__ to respect the verdict of elect and judgment of the peopl __PUNCT__
had we forgotten thi in the senat __PUNCT__ we would have been guilti of the veri thing that mani feder judg do when thei overreach __PUNCT__ and usurp power __PUNCT__ and betrai their trust __PUNCT__
the surest wai to restor fair to the confirm process is to restor humil to the feder court __PUNCT__
in feder and state court __PUNCT__ and in the practic of law across our nation __PUNCT__ there ar still men and women who understand the proper role of our judiciari __PUNCT__
and i intend to find them __PUNCT__ and promot them __PUNCT__ if i am elect presid __PUNCT__
harri truman said that he gave __PUNCT__ more thought __PUNCT__ more care __PUNCT__ and more deliber __PUNCT__ to the select of judg than nearli ani other duti of the offic __PUNCT__
i will bring that same level of care and caution to my judici nomin __PUNCT__ expect in return that the senat will do it own part __PUNCT__ and confin itself to the duti of confirm qualifi men and women for the court __PUNCT__
the decis of our suprem court in particular can be as close to perman as anyth govern doe __PUNCT__
and in the presidenti select of those who will write those decis __PUNCT__ a hunch __PUNCT__ a hope __PUNCT__ and a good first impress ar not enough __PUNCT__
i will not seek the confid of the american peopl in my nomine until my own confid is complet __PUNCT__ until i am certain of my nomine abil __PUNCT__ wisdom __PUNCT__ and demonstr fidel to the constitut __PUNCT__
i will look for accomplish men and women with a proven record of excel in the law __PUNCT__ and a proven commit to judici restraint __PUNCT__
i will look for peopl in the cast of john robert __PUNCT__ samuel alito __PUNCT__ and my friend the late william rehnquist __PUNCT__ jurist of the highest calib who know their own mind __PUNCT__ and know the law __PUNCT__ and know the differ __PUNCT__
my nomine will understand that there ar clear limit to the scope of judici power __PUNCT__ and clear limit to the scope of feder power __PUNCT__
thei will be men and women of experi and wisdom __PUNCT__ and the humil that come with both __PUNCT__
thei will do their work with imparti __PUNCT__ honor __PUNCT__ and human __PUNCT__ with an alert conscienc __PUNCT__ immun to flatteri and fashion theori __PUNCT__ and faith in all thing to the constitut of the unit state __PUNCT__
there wa a dai when all could enter the feder courthous of our countri feel someth distinct about them __PUNCT__ the hush of seriou busi __PUNCT__ the quiet presenc of the majesti of the law __PUNCT__
quit often __PUNCT__ you can still find it there __PUNCT__
and in all the institut of govern there is noth to match the sight of a court of law at it best __PUNCT__
my commit to you and to all the american peopl is to help restor the standard and spirit that give the judici branch it place of honor in our govern __PUNCT__
everi feder court should command respect __PUNCT__ instead of just obedi __PUNCT__
everi feder court should be a refug from abus of power __PUNCT__ and not the sourc __PUNCT__
in everi feder court in america __PUNCT__ we must have confid again that no rule appli except the rule of law __PUNCT__ and that no interest is serv except the interest of justic __PUNCT__
thank you veri much __PUNCT__
