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February 03, 2007
Giuliani advocates strict constructionist judges
Many social conservatives like Rudy Giuliani enough as a presidential candidate (for his clarity on fighting Islamist terrorism) that they are trying to find ways to reconcile their positions with his liberal track record, specifically, that Giuliani is pro-choice and non-judgmental about homosexuality. They reason that if he appoints strict constructionist judges, they won't have to depend on his personal beliefs on these issues to set domestic policy.
From the Giuliani campaign team:
Addressing the SCGOP's executive committee meeting in Columbia, South Carolina, Mayor Giuliani took questions on a wide variety of issues, including the role of the Federal judiciary. As he has done in the past, he stood strong for strict constructionist judges in the mold of Scalia, Roberts, and Alito. Below is a transcript of his answer in response to a question from an audience member.
Mayor Rudy Giuliani on Judges
SC GOP Executive Committee Meeting - February 3, 2007
On the Federal judiciary I would want judges who are strict constructionists because I am. I'm a lawyer. I've argued cases in the Supreme Court. I've argued cases in the Court of Appeals in different parts of the country. I have a very, very strong view that for this country to work, for our freedoms to be protected, judges have to interpret not invent the Constitution. Otherwise you end up, when judges invent the constitution, with your liberties being hurt. Because legislatures get to make those decisions and the legislature in South Carolina might make that decision one way and the legislature in California a different one. And that's part of our freedom and when that's taken away from you that's terrible. President Bush has the great model because I think as the President he did appointe some really good ones and both of them are former colleagues of mine - Chief Justice Roberts and Justice Alito. Justice Scalia is a former colleague of mine. Somebody that … I think Chief Justice Roberts is a great chief justice and he's young and he can have a long career and that's probably the reason the President and Vice President chose him. I think those are the kinds of justices I would appoint – Scalia, Alito and Roberts. If you can find anybody as good as that, you are very, very fortunate.
Judith | 02/03/07 at 07:21 PM | Categories: - GOTV '06 to '08
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Comments
All he has to do is stick with his pisans, Scalia and Alito.
Robert Schwartz | February 3, 2007 10:54 PM
Thomas is the strictest constructionist on the court.
His Kelo and Raich opinions were blinding in their clarity and adherence to liberty.
M. Simon
| February 4, 2007 01:43 AM
Funny thing is, Scalia and Thomas are originalists, not strict constructionists. Scalia has flat-out said that he is not a not a strict constructionist, and considers strict constructionism to be a degraded and disreputable form of textualism.
Furthermore, Giuliani's own history on civil rights indicates that he's not much in favor of them. He once claimed that the words "due process" don't appear in the US Constitution, and his attempt to impose content-based funding requirements is well-known.
And strict constructionism is in opposition to civil rights, according to William Rehnquist, who helped popularize the term.
Avram | February 4, 2007 02:58 AM
Whatever, he's obviously trying to spin for a conservative audience, to whom the phrase "strict constructionist" and allusions to Alito and Scalia are code word for "let the states decide abortion and gay marriage." They just want him to reassure them on that score so they can feel comfortable voting for him, for other reasons.
The gun lobby will be harder to crack, but I bet he will have an answer for them too.
Judith Weiss | February 4, 2007 07:58 PM
However unbelievable this is, I'm pleased to see he's doing it. If pressed, he would probably say that while he is in favor of gay rights, abortion rights, etc., he doesn't want them imposed by the judiciary.
Avram, "strict constructionism" is simply the politician's version of originalism. Don't try to analyze the term too deeply. It means, Keep the judiciary out of it, unless the Constitution is clear. And give up that nonsense about its being code for opposition to civil rights. I could counter that "free speech" is a code term for Communists and p*rn*graphers, which would be equally idiotic.
Attila (Pillage Idiot) | February 5, 2007 03:51 PM
Attila, sure, you could argue that. The difference is you'd just be making things up, while I'd be drawing on a memo William Rehnquist wrote to then-President Nixon about appointing judges to reverse what conservatives than saw as criminal-coddling Supreme Court decisions like Miranda v Arizona.
Here, in Rehnquist's own words:
A judge who is a "strict constructionist" in constitutional matters will generally not be favorably inclined toward claims of either criminal defendants or civil rights plaintiffs -- the latter two groups having been the principal beneficiaries of the Supreme Court's "broad constructionist" reading of the Constitution.
Avram | February 6, 2007 07:39 PM
Avram, I hate to break it to you, but Nixon was a politician. And Rehnquist, at that time, was the head of the Office of Legal Counsel at the Department of Justice, not yet a justice on the Supreme Court. They were mapping political strategy.
And as long as we're talking about equating interpretation with politics, it was the left that pushed the notion that if you ruled against a civil-rights plaintiff, you were anti-civil-rights, no matter what the law said. That was the victors' history written about the Bork nomination.
Attila (Pillage Idiot) | February 6, 2007 11:50 PM
Bork didn't believe the IXth Amendment had any effect.
Talk about legislating from the bench.
M. Simon | February 7, 2007 07:29 AM
Attila, I notice three things about your reply:
First, you start off with "I hate to break it to you", a claim that, in online arguments, is always a lie.
Second, although phrased as a rebuttal, there is no material in your comment that actually rebuts the claim I made.
Third, and then you tried to change the subject.
Avram | February 8, 2007 09:00 PM












