Explaining the Confirmation Process to An Iraqi

Adam's Apple

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Apr 25, 2004
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Choosing A Justice Is Simple
By Tom Purcell, Pittsburgh Tribune
September 18, 2005

"So you're having trouble understanding the confirmation process for the Chief Justice of the Supreme Court?"

"Yes, my people in Iraq are confused by what we are watching. Please help us understand."

"It's not very complicated. The American government is divided into three separate branches, the Executive, Legislative and Judicial. This separation of powers was designed to prevent any one branch from gaining too much power."

"OK, we understand that. Go on."

"When there is a vacancy in the Judicial branch, the president nominates a new judge to fill it. The judge then appears before the Senate Judiciary Committee."

"What is the purpose of this Judiciary Committee?"

"It allows Republican Senators to say flattering things about Judge John Roberts and Democrats to probe, embarrass and humiliate him, then take his record out of context with hopes of scuttling his confirmation."

"Scuttle?"

"As a rule, right-leaning politicians believe the U.S. Constitution is set in stone. They believe the role of a Supreme Court justice is to interpret all laws based upon the Constitution. They believe that the meaning of the Constitution is clear and only an amendment can add to that meaning. Conservatives like Roberts because that is how he feels."

"OK."

"But left-leaning politicians prefer to view the Constitution as a living document. They have a loosey-goosey interpretation of the Constitution and believe it should change as the times change. They prefer judges who like to get creative about what the words of the Constitution mean. They don't like Roberts."

"OK, my people can understand these stark political differences. But why do the Senators in the Judiciary Committee act like they are clowns in a circus?"

for full article:
http://pittsburghlive.com/x/tribune-review/opinion/columnists/purcell/s_374927.html
 

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