This week, Judge Samuel Alito, Jr., President Bush's nominee to be the next Associate Justice on the U.S. Supreme Court, filed his written answers to the questionnaire submitted to him by the Senate Judiciary Committee.
Judge Alito's thorough answers paint a broad picture of his professional career and lifelong dedication to public service. More important, his answers highlight an unwavering commitment to the rule of law and the Constitution, as well as his respect for legal precedent.
Judge Alito articulates that commitment and respect in his response to the Committee's question on "judicial activism," in which he passionately discusses a philosophy of "judicial self-discipline." Judge Alito responds:
"...while the federal courts should act firmly and independently within their proper sphere, they must always keep in mind that their proper sphere is circumscribed. The 'judicial Power' is distinct from the 'legislative Powers' given to Congress and from 'the executive Power,' and the federal courts must engage in a constant process of self-discipline to ensure they respect the limits of their authority."
"Judicial self-discipline is especially important when federal courts are interpreting the Constitution. In non-constitutional cases, the political branches can check what they perceive to be erroneous judicial decisions by enacting corrective legislation. Decisions based on an interpretation of the Constitution, by contrast, cannot be checked in this manner, and a thoughtful appreciation of the nature and essential limits of the judicial function is therefore acutely necessary to protect the democratic values that underlie our Constitution."
Further highlighting his respect for our nation's constitutional system of separation of powers and the limited role of a judge, Judge Alito writes further:
"A paradox is inherent in our constitutional structure. The framers of the Constitution generally did not think that government institutions and actors could be trusted to refrain from unduly extending their own powers, but our constitutional system relies heavily on the judiciary to restrain itself. To do this, judges must engage in a continual process of self-questioning about the way in which they are performing the responsibilities of their offices. Judges must also have faith that the cause of justice in the long run is best served if they scrupulously heed the limits of their role rather than transgressing those limits in an effort to achieve a desired result in a particular case. Judges must maintain a deep respect for the authority of the other branches of government - based on their democratic legitimacy - and a keen appreciation of the comparative advantages that other government institutions and actors have in making empirical judgments, devising comprehensive solutions for social problems, and administering complex programs and institutions. In addition, judges must be appropriately modest in their estimation of their own abilities; they must respect the judgments reached by predecessors; and they must be sensibly cautious about the scope of their decisions. And judges should do all these things without shirking their duty to say what the law is and to carry out their proper role with energy and independence."
Judge Samuel Alito, Jr., has a long and distinguished career in public service. As Assistant to the Solicitor General in the Reagan Administration, he argued 12 cases before the Supreme Court. Judge Alito currently serves on the U.S. Court of Appeals for the Third Circuit, a post to which he was confirmed unanimously by the Senate in 1990. On that court, he has presided over more than 300 cases. When nominated to sit on the Third Circuit by President George H. W. Bush, the American Bar Association rated him "well-qualified," its highest ranking.
While his experience and brilliance are obvious to any reasonable observer, it is Judge Alito's careful and keen understanding of the limited, yet independent, role that federal judges must play in our constitutional system -- as articulated in his answer to the Judiciary Committee's question on "judicial activism" -- that makes him an outstanding nominee to be the next Associate Justice on the U.S. Supreme Court.
Click on the links below to download Judge Alito's completed Judiciary Committee questionnaire and the accompanying appendixes, which we have posted in .pdf format. Note, due to the large size of the file, we have divided it into multiple parts to make it easier and less timely for you to download.