Thank you, Madam President. I appreciate it. I will conclude with this particular example: You want a judge who is going to be on the Court to say: I understand the balance of power. I have read the law, and I understand the precedents that relate to this particular kind of fact pattern. And based on the law and based on these facts in this particular case, I believe that either the Executive should have the power or not. But I do not come to that conclusion based upon a preconceived political, ideological notion that we need to rein in Executive power any more than I believe we should rein in legislative power or judicial power. This is what a lot of us mean when we talk about judicial activism. It is the difference between someone who comes to the Court with firmly held philosophical beliefs that would cause that individual to be more predisposed to rule on the basis of those beliefs than on the facts of the case or the law in any particular situation. So when my colleagues on the Democratic side say they are looking for a nominee who will have a penchant for ruling in a particular way in particular cases, you will see objections from people like me who will say: No, that is wrong. That is activism. That is basing decisions on ideology rather than on what the law is.…
Share & report
More from Jon Kyl
The following Senators are necessarily absent: the Senator from South Carolina (Mr. DeMint) and the Senator from Illinois (Mr. Kirk). The PRESIDING OFFICER (Mr. Blumenthal). Are there any other Senators in the Chamber desiring to vote? The…
Mr. President, let me speak a moment about this act. The sponsors, as you have just heard, and supporters like Senator Portman have proceeded with very good intentions. As you just heard, a compelling case for finding ways to help people…
I am concerned that the President continues to make statements and pursue actions that have undercut America's leadership position in the world.
We conclude that the strategic deterrent is not just a nuclear deterrent, it is a combination of conventional and nuclear.





