Bush Attempts to Bridge Right Wing Rift!

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Bush Hopes to Bridge Right Wing Rift

President Bush, stung by criticism from his own right wing about his appointment of Harriet Miers, has attempted to mollify conservatives with his new appointee, conservative judge for the Third Circuit U.S. Court of Appeals, Sam, “Scalito” Alito.
During his 2000 campaign for the presidency Bush had often stated he would appoint justices to the Supreme Court in the “…mold of Scalia and Thomas.”
While pleased with his John Roberts’ nomination as Chief Justice, conservatives balked at the selection of Harriet Miers to replace Justice Sandra Day O’Connor.
Alito should fill the bill for the right. He is called “Scalito” because of his expressed admiration and affinity for Justice Antonin Scalia.
Neo Cons often decry “judicial activism,” and “legislating from the bench,” yet those terms really only apply when judicial decisions go against them. In fact, these are exactly the qualities they are looking for in a judge, as long as he decides cases in a manner that agrees with their perspective!
Extremists on both sides of the spectrum endanger the principle of judicial independence, which is essential to a functioning, fair judiciary.
Another idea put forth by many on the right is the notion of “original intent,” that is, that the Constitution must be interpreted as “intended by the Framers.”
Of course those who hold this notion, calling themselves “strict constructionists,” claim that they can somehow divine the original intent of the Framers of the Constitution, a contentious lot at best, prone not to agree on anything!
It is useful to read the writings of the Framers for some help when trying to understand something about “original intent.” A good example is listed below.

Alexander Hamilton, from; The Federalist, number 34

In pursuing this inquiry, we must bear in mind that we are not to confine our view to the present period, but to look forward to remote futurity.
Constitutions of civil government are not to be framed upon a
calculation of existing exigencies, but upon a combination of these with the probable exigencies of ages, according to the natural and tried course of human affairs. Nothing, therefore, can be more fallacious than to infer the extent of any power, proper to be lodged in the national government, from an estimate of its immediate necessities. There ought to be a CAPACITY to provide for future contingencies as they may happen; and as these are illimitable in their nature, it is impossible safely to limit that capacity.



SAMUEL A. ALITO JR.
Age: 55
Education: AB, Princeton, 1972; JD, Yale, 1975
Experience: Judge, 1990-present; U.S. attorney for the district of New Jersey, 1987-1990; deputy assistant to the U.S. attorney general, 1985-1987; assistant to the U.S. solicitor general, 1981-1985