Courts take the laws that have been passed by you and give you the benefit of understanding that you take the same oath that they do to uphold the Constitution. And, therefore, they take the laws with the presumption that they are constitutional. It is the affirmative burden of the plaintiff to show that you have gone beyond your oath. If they come into court, then it is appropriate for courts to undertake to listen to the legal arguments, which is that the legislature went beyond its role as a legislature and invaded the Constitution. That is a deliberative and very important answer to questions they claim he never answered.
Orrin Hatch: “Courts take the laws that have been passed by you and give you the benefit of understanding that you take the same oath…”
Editor's note · Context
Discussing the qualifications of judicial nominee Miguel Estrada during Senate debate.
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