Ever Think the Admin State Would Get This BIG?! | Kennedy at the Jackson Confirmation

Published: Aug 28, 2024 Duration: 00:04:30 Category: News & Politics

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I hope today that we can use this as an opportunity to talk about if not explicitly at least implicitly that's what I'm going to try to do the appropriate balance between representative government and declarative government now in representative government as you well know um people through their elected representatives make policy in in declarative government um policy is made by the unelected the administrative State and the federal Judiciary now there the both are important both are important I'm not saying this is a zero some came or either or what's but what's just as important is we have the appropriate balance between representative government and U what I'll call def declarative government I mean we have an administrative state did any of us ever think it would get this big is that healthy we need to ask ourselves that is it is it really healthy to arrive at a circumstance where the administrative State passes 35 laws a year to our one is it really healthy to have an administrative state that makes its own laws interprets its own laws and enforces its own laws before courts with the respect to which the administrative State appoints the judges I think that's a fair question to ask in terms of with respect to to to uh declarative government in the Supreme Court and and the federal Judiciary uh federal judges have enormous power they have to but they do they have enormous power you're appointed for life you can't be unelected your salary can't even be reduced and you have to have that power judicial power is important so is judicial restraint I believe that the appropriate role of the Federal Judiciary is the following federal judges don't make law they don't tell us what the law ought to be they tell us what the law is now I said primarily because of course sometimes federal judges make off I mean you make the law of the case you decide a case uh you have to tell us what reasonable means in terms of Searchers and seizur you have to help us to find Restraint of trade after we pass a statute so of course judges make long but I'm talking about uh about the U the proper balance I'll leave you with the these last thoughts um and then I'll yield back my time um I want you to hear the words of one of in what my in my opinion is is is one of our most distinguished Supreme Court Justices I'm going to read read uh his words the American people love democracy and the American people are not fools the people know their value judgments are quite as good as those taught in any law school maybe better value judgments after all should be voted on not dictate I look forward judge to getting to know you better and congratulations mom and dad [Music] e and

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