I have never given a litmus test to anyone that I have appointed to the bench.... I feel very stongly about those social issues, but I also place my confidence in the fact that the one thing that I do seek are judges that will interpret the law and not write the law. We've had too many examples in recent years of courts and judges legislating. They're not interpreting what the law says and whether someone has violated it or not. In too many instances, they have been actually legislating by legal decree what they think the law should be, and that I don't go for. And I think that the two men that we're just talking about here, Rehnquist and Scalia, are interpreters of the Constitution and the law.
About this quote
- What does it mean?
- Judges should interpret laws rather than create them, avoiding judicial overreach.
- In plain terms
- Judges should follow the law, not make new rules.
- What can you take from it?
- Judicial interpretation should respect legislative intent.
Where it applies
Putting it to work
Questions to consider
- When does interpretation become legislation?
- What makes a good judge?
Another view
It assumes a clear line between interpreting and writing laws.
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