• Justice Gorsuch: Our Job? Don’t Add to or Take Away from U.S. Constitution 

    Surge Summary: Supreme Court Justice Neil Gorsuch recently defined a Justice’s duty: Be faithful to the written Constitution; add nothing to it, take nothing away from it.            

    On Tuesday morning’s Fox & Friends, a weighty question was posed to Supreme Court Associate Justice Neil Gorsuch: When there is a conflict between the Executive Branch and the Legislative Branch of American government, what is the role of the Judicial Branch?

    “… When it comes to the role of the judiciary, I believe that the role is to be faithful to the original meaning of the Constitution,” Gorsuch  said. “I tell my law clerks [that] I have just two rules. Rule number one: don’t make things up.”

    Rule number two, he continued, is: “When you’re in doubt, when everybody is yelling at you, begging you to do this or threatening you if you do that, refer back to rule number one.” [Chris Woodward/OneNewsNow.com]

    Gorsuch was the first Trump appointee to the high court. He went on in the interview to say that “originalism” is a badly understood concept – and that the term itself is a bit misleading.

    “Folks who disagree with [originalism] sometimes call themselves ‘living constitutionalists,'” he described. “Well, who wants a dead Constitution? I don’t. I want an enduring Constitution – and the idea of originalism is just simply that judges should follow the original meaning of the words on the page and neither add things that aren’t there nor take away things that are there. And I worry that both of those things happen when we depart from the original meaning of the Constitution.”

    He recommended taking the Dred Scott decision as an example.

    “The first time the Supreme Court … really departed from the original meaning of the Constitution was perhaps in Dred Scott when the court found a right for white persons to own black persons as slaves in the territories of the United States,” he said.

    “Scour the document as long as you want – you will not find that right there. They made it up.”

    Today, recall, the Court has moved on in that spirit to discover “rights” to kill unborn children and redefine a concept as old as recorded history – “marriage”. Some things really don’t change all that much – in this case, the Court’s impulse to abuse America’s founding document.

    Another example cited by the 52-year-old jurist was the Court’s treatment of the Sixth Amendment. It is supposed to guarantee American citizens the right to confront their accusers in any case brought against them.

    “For years, the Supreme Court of the United States said, ‘No, we’re not going to enforce that right, except for when we think it’s really important,'” explained the associate justice. “Originalism says no to both of those things. It says we’re not going to add things [and] we’re not going to take things away.

    “A judge’s job is to be faithful to the Constitution at all times – nothing more, nothing less,” he concluded.

    That’s a pretty straightforward job description, and to be honest, it’s probably not always quite as literally simple as those seventeen words – but most of the time it’s close.

    H/T: Chris Woodward/OneNewsNow.com

    Image: Adapted from: Office of Senator Luther Strange – https://twitter.com/SenatorStrange https://www.strange.senate.gov/content/strange-applauds-confirmation-justice-neil-gorsuch, Public Domain, https://commons.wikimedia.org/w/index.php?curid=64908816


    Trending Now on Daily Surge

    Send this to a friend