After all, our Constitution was intended as a popular document. It was drafted and ratified by the people. It established democratic institutions. It entrusts the people with the power to make the tough decisions. And, in most cases, it prefers the will of the people to the unchecked rule of judges.
Sometimes local, state and federal laws so clearly run afoul of the Constitution that the court must step in and strike them down. In most cases, the court performs this admirably and with great restraint.
In 1937, President Franklin Roosevelt reminded us that the Constitution is, and I quote, "a layman's document, not a lawyer's contract."
That very document [Constitution] does little to serve people when Supreme Court decisions are written so that even high-priced lawyers can't figure them out.
The Constitution empowers the people to resolve our day's most contentious issues. When judges forget this basic truth, they do a disservice to our democracy and to our constitution.
This is a time for a national conversation. A conversation about the document that binds us as a nation and a people. That document, of course, is the Constitution.
While the president is to nominate that individual [to Supreme Court], we in the Senate must provide our advice and consent. This function is not well-defined. The Constitution does not set down a road map. It does not require hearings. In fact, it does not even require questioning on your understanding of the Constitution nor the role of the Supreme Court.
When it comes to the Supreme Court, the American people have only two times when they have any input into how our Constitution is interpreted and who will have the privilege to do so.First, we elect a president who has the power to nominate justices to the Supreme Court.Second, the people, acting through their representatives in the Senate, have their say on whether the president's nominee should in fact be confirmed.
When it comes to our Constitution, judges perform, certainly, an important role. But the people, acting through their elected representatives, should play an even more important role.
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