In the Declaration of Independence, Thomas Jefferson wrote that "governments derive their just powers from the consent of the governed." Yet, today in America, it often seems that public policy is determined not by the consent of the governed, but by the whims of a few activist federal judges. These individuals are not merely interpreting the law, they are making it. This is not the way our Founding Fathers intended our Republic to operate and function.
The answer to the perplexing problem of activist judges is to ensure that any judge appointed to the federal bench can be trusted to wield their power within Constitutional constraints. Unfortunately, President Obama secured two appointments to the Supreme Court, both of which I opposed because I did not trust in their ability to uphold the principles on which our nation was founded.
There has never been such a strong voice for the Constitution on the Supreme Court as Justice Antonin Scalia. Justice Scalia will be forever remembered for his dynamic intellect, his deep respect for the rule of law, and his unwavering commitment to the principles on which our nation was founded. It is critical to our nation’s future that we confirm a justice to replace him who will continue his legacy. I adamantly opposed President Obama’s attempt to fill the current Supreme Court vacancy, and I look forward to working with President Trump to confirm an individual who will uphold our laws and our Constitution.
As a U.S. Senator, I believe that the review of judicial nominations is one of the most important responsibilities of the Senate. Federal judges are invested with extensive power and are given lifetime tenure. In deciding how to vote on judicial nominations, I will always carefully examine all relevant records and credentials, as well as the proceedings of each nominee's hearing convened before the Senate.