On the recordMarch 14, 2017
Mr. President, I thank the Senator for his very thoughtful explanation. I know both as a Senator and as a lawyer, he takes the study of constitutional law very seriously. His point of view ought to be seen as an authority on the separation of powers, particularly. I think the way Senator Lee sees Judge Gorsuch is similar to how I do, but he knows the law a lot better than I. It is clear that the questions about separation of power can arise in very complex and legally technical cases in the courts. But I think the principle is also a fundamental one. Judge Gorsuch has made this point himself, and I would like to quote a little of what he has said. Recent Supreme Court cases ``permit executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more than a little difficult to square with the Constitution of the framers' design.'' To quote again, on the role of the prosecutor and the role of Congress, he said: ``If the separation of powers means anything, it must mean that the prosecutor isn't allowed to define the crimes that he gets to enforce.'' So I want to ask my other colleague here for this colloquy, the Senator from Nebraska, a question that I am sure he can answer and has thought about a lot. These are not just legal technicalities that we are talking about, but the very fabric of our Constitution. I hope the Senator would agree.





