National Review has a copy of the speech that Fred Thompson recently gave on the judiciary.
I want to talk a little about . . . first principles. The principles you have been defending since 1981.
For Americans, these are found in the Constitution and the Declaration of Independence. They include a recognition of God and the fact there are certain rights that come from Him and not the government. They are based upon a respect for the wisdom of the ages, and a belief that human beings are prone to err; that too much power must never rest in too few hands. The result is a system of checks and balances and a separation of powers that flow from our guiding documents and from the rule of law.
Finally, if we want to change or alter these concepts or any provision in the Constitution, we are given a specific method to do that — by Constitutional Amendment.
So how are we doing as a nation in upholding these first principles? The answer is we could be doing better … a lot better.
. . .
Our nation is based upon the proposition that our statutes, common law and the Constitution will not only be applied fairly between litigants, but will also be observed by the government. People will be able to rely upon the rules, usually long established, and their consistent application. This engenders respect for the law. It is a sad irony that a nation that is so dedicated to the rule of law is doing so much to undermine the respect for it.
Our founders established an independent federal judiciary to decide cases, not social policy. Yet more and more that is exactly what it is doing. Roe v. Wade is a classic example. And nowhere is it more apparent than with regard to the issue of church and state.
Many federal judges seem intent on eliminating God from the public schools and the public square in ways that would astound our founding fathers. We never know when a five to four Supreme Court decision will uphold them. They ignore the fact that the founders were protecting the church from the state and not the other way around. Instead of having the basic rules of society changed in the way clearly set forth in the Constitution by two-thirds votes of both Houses and by three-fourths of the states, the entire process is reversed by the stroke of a pen and supporters of the rule of law have the burden placed upon them, which is usually insurmountable.
We have always held our federal judiciary in high esteem, even at a time when most of our institutions are under assault. However, if judges continue to act like politicians they will get the respect currently given to politicians. It is already rapidly headed in that direction. The antidote for this, of course, is good judges. And presidents who know one when they see one … one like John Roberts.
John Roberts is the first of the individuals I referred to earlier. The President asked me to help Judge Roberts through the Senate confirmation process. Certain things were apparent at the outset — he was a Conservative, he believed deeply in first principles, including the rule of law and, lastly, his opponents would do everything they could to defeat his nomination.
(Posted by Trask)
2 responses so far ↓
Nathan Alan // July 21, 2007 at 10:02 pm
“They ignore the fact that the founders were protecting the church from the state and not the other way around.”
I completely agree that liberals are way off base and aren’t looking out for the law, but that sentence in the speech is dead wrong. The founding fathers were grandsons of people who escaped from religious prosecution… They were protecting the state, the people, from that same thing.
saxifrage // August 23, 2007 at 10:27 pm
I think it should be protecting the state from the church. The wall of separation between church and state is to avoid interference by the church with the affairs of the state.
Leave a Comment