And her family as they begin this chapter of service to our nation. Thank you. We came to the floor and spoke about the forest fires in colorado, luckily weve had a great deal of snow on some of the most problematic concentrations and its slowed the fires down tremendously and given us a chance to fight back and make some containment progress so the news on the fire front generally a good news story today with more challenges to come down the road. Come to the floor to talk about the nomination judge Amy Coney Barrett will be placed on the United StatesSupreme Court. That will behi the Third Supreme Court justice that ive had the honor and p privilege of votingn in this congress and previous dicongress including neil gorsu, colorados own you gorsuch. Weve heard discussions about the federalist papers and Founding Fathers and intent and senate, the language of the constitution that points out the President Shall nominate and with the advice and consent of theen senate place justices throughout our judiciary. Weve heard federal 69 by Alexander Hamilton, the advice and other public ministers, judges of the Supreme Court. Hamilton goes on to compare the power of appointment the president has, the chief executive has to that of the king of britain britain, comparing the power of appointment to the governor of new york Alexander Hamilton and 69 did and stated most the king and governor of new york at the time had ahe greater power of appointment than the president requirements of advice and consent and ability of the governor ofas new york to cast a vote on the matter himself. In the National Government if the senate should be divided, no appointment could be made. He pointed out the president has concurrent authority in the offices and the present is not the sole author of these appointments. It is clear in his writings that this power was to be balanced amongst the chambers the Judicial Branch was viewed as the weakest of the three branches of government not because it wasnt equal in power but because it didnt have the mechanisms the other two branches do tos protect it and while the president makes that appointment, it is this chamber, the soul duty of this chamber in the constitution to agree or disagree with that nomination. We saw the discriminate occur in 2016 with this chamber did not give its consent to nomination. Later, neil gorsuch was confirmed to the Supreme Court. A matter of a little more than a month ago, lost a trailblazing leader, and justice ruth baderon ginsburg, leaving open another seat on the Supreme Court that we are not asked to fill. Federal 70 also read by Alexander Hamilton has been referenced many times on there floor this past year end particularly during this debate, wrote about this, the constitution being fundamentalda law that seeks the will of the people and if the courts of the only true guardian, guardians of the constitution the constitution is the highest manmade law that any legislative act to the contrary must be held void for the court, the interpretation of the laws and problems, guardian of the constitution madison was talking about the First Congress that he introduced the environment that became what weha call the bill f rights today, he said the courts would consider themselves in a particular manner, according of those rights, would be working against every assumption of power in the legislative or executive, they will be naturally led to resist every encroachment upon rights in the constitution by the declaration of rights. The idea of this guardians of the constitution the court played is a hallmark of our democracy today and whether or not a justice has the support of a number of this chamber, i dont believe anyone would deny that role our courts play and that is that role of guardian of the constitution. What is clear and the confirmation hearing for judge barrett that some people believe the guardian of the constitution takes on a different hue, theres more to the role in looking at the law and making a decision based on the law as some call, i believe it was justice scalia, a judges role is to call strikes and i would add it is not their role to call the pitch but what we saw during the Judiciary Committee hearings was a viewpoint of some a judge should be more than calling balls and strikes. A super legislature, a judge should accomplish things that this chamber, this congress has failed to do, if theres a shortcoming in a policy that a judge or justice would look the other way and still write the policy or proactively create that policy, going back to what weve known throughout this country, the guardians of the constitution, guardians of the constitution dont make a poli policy, they dont fill voids of new policies that the legislatures didnt or couldnt do because they couldnt get it through the chamber so they decided they would count on a judge to do it somewhere else. That is not the role of the courts, it is certainly not the role of the guardian of the constitution, i guardian of the constitution is somebody who looks at the law and make decisions of the law, upholds and protects the will of the people of fundamental law of the people. D, an activist judge, justice would be reaching into the law to fit their own personal opinion or beliefs to craft something that they believe is perhaps more in they thought they wanted. Their own opinion instead of looking at the letter of the l law. I think it is important we keep in mind that is not the role of the courts. If this chamber cant pass a policy or a law, can have its own victory and carry the day in an argument, it is not up to a judge or a justice to fill in the blank. They have to rule and carry out the law. It is a key distinction we saw during the Judiciary Committee debates, the role of policymaker that some wish judge barrett could be versus the role of protector, guardian of the constitution, calling balls and strikes. I look at any nominee for the court, District Court or Supreme Court through a lens of are they going to protect the constitution . Of the going to uphold the constitution and fight for the guardian of the constitution . With a protect and do the same of the law outside the constitution, the law and statutes this body passes and is signed into law the law by thet president , without judge or justice defend that block . Not make or defend but uphold it. Of course the guardian of the constitution rules that they will play, there is no doubt judge barretts qualifications are immense, her qualifications as a member of our Great American community, somebody with a beautiful family, it is mindboggling. Jamie and i have a challenge with our three kids making sure they get to school on time, making sure they are getting their homework done, i cant imagine seven children while also carrying the schedule their family does but it is a testament to the credible power and leadership of their family, their dedication to being upstanding citizens of this nation and giving back to this patient with this pursuit. We know theres a key intellect shared with this country over the last several they are years in the circuit of appeals. We know her time as a law professor has had the opportunity to look over a decade plus work worth of work and we know she is a person of faith in our a communities and s come under incredible attacks because of that faith. We know in this chamber in our constitution forbids the kinds of attacks weve seen on her face, her constitution makes it clear there is no religious te test. Our constitution makes it. Clear that you cannot vote or deny Public Service appointment to someone because of their religious beliefs. Weve seen it done, we seen it tried especially over the last congress, we sought done at the committee with the nomination of russ votes to be Deputy Director of the Office Management and budget. When a colleague of ours basically said because of his deeply held christian beliefs that he was not qualified to be a Public Servant in this count country. I hope the American People are hearing what is happening in some of these debate. Amy Coney Barrett was attacked because of her faith but its not just limited or isolated to her, there are others who are more and more accustomed or who feel more and more emboldened to use a persons faith to deny them their vote to a position in our government. That is an unconstitutional test that some in this chamber are starting to rely on and i hope the American People will usety this opportunity to reject it and get back to the values of our constitution and the intent of the language. I had a conversation with judge ebarrett, i had a chance to vist with her and talked about the qualifications that uphold the compensation, will you protect the law and will you avoid being activists legislature . Well avoid legislating from the benchha thats exactly the kindf judge she willil be to be the guardian of the constitution, protector of the law. I talked to her about the importance that i know the vote i cast for her is something that matters not just next year for the next year but s ten and 20 years from now that shes on that court, thee same view will remain in dish she certainly will because the same reason i want that for my kids and their kids and sheve knows it means everything to her children as well. Te to protect our nations laws and constitution and avoid the desire that pulls at the heart Legislature Even if you want to come with an opinion different than your own interpretation of the law. You have to follow the law and that is what shes assured me shes done. Shes assured me there are moments and rulings she has issued that she would have preferred a different outcome personally but that is not what the law required and thats why she t ruled the way she did. Talking to my colleagues on the Judiciary Committee, they talked about her understanding of the law, watching the hearings, you could sense the deep commitment and devotion to the law. There was a time, several decades ago when president Ronald Reagan went to introduce oconnor to a group of federal judges at the white house. Ronald reagan in his speech talked about what it means to be a judge, standards of integrity, fairness and intellect required for a federal judge that provides reassurance to all of us, our ideals of liberty and justice are alive and well. Went on to talk about the most important quality we have in a judge in its wisdom, the quality look for first and you can sense the great deal of wisdom in Amy Coney Barrett. He went on to say would demand a wisdom that knows no time, has no prejudice and wants no other reward. We entrust judges with ideals and freedom and future depends on theju way that judge defines it. It requires the lowly courage of the petri and he went on to say the judge is a guardian of freedom for generations yet unborn. I hope my colleagues will support the nomination of Amy Coney Barrett. If you could take politics out of the place, she would probably have the unanimous vote. Unfortunately, the politicization of this nomination is going to prevent that but i turned to my colleagues to look past the politics and partisanship and vote for truly qualified justice is committedce to the law, the constitution, whose committed against activism on the bench and who will make sure our country, for generations to co come, as protector, the guardian of the constitution the wisdom to get the job done. Just as Amy Coney Barrett, i am honored in just a few hours, to know i will be able to cast my vote in support of soon to be justice Amy Coney Barrett. I yield the floor. The senate has confirmed Amy Coney Barrett to be an associate justice on the Supreme Court by a vote of 53 48. Independent senators joined all 45 democrats in voting against the nomination, only one broken opposed the nomination, senator susan collins. Justice barrett now takes the seat previously held by the late ruth bader ginsburg. Youre watching cspan2, unfiltered view of government. Created by americas Cable Television company as a Public Service and brought to you by your television provider. Coming up live on tuesday, cspans Campaign Coverage to news with joe biden speaking in georgia, home of fdrs white house, 1 00 p. M. Eastern on cspan at 3 00 p. M. , senator Kamala Harris campaigns nevada. 3 30 p. M. , mike pence speaks to supporters in south carolina. The hill host an event host focusing on the pharmaceutical supply change. 2 00 p. M. , the Heritage Foundation is from theaters of operation warp speed, a plan to create a Coronavirus Vaccine 7 00 p. M. , the debate between eric and his challenges, democrat woody myers and libertarian candidate, donald rainwater. November 3 election day, when voters will decide who occupies the white house next year. Watch campaign 2020 coverage everyday on cspan stream ondemand at cspan. Org will listen on the cspan radio up. Your place or unfiltered view of politics. Senators spent nearly 30 hours debating nomination of Supreme Court nominee Amy Coney Barrett, heres more of the debate from the senate floor. Everything that has happened the untimelysi passing of the legendary justice ginsburg, a clear reminder that much of what goes on in washington d. C. Is simply not on the level. Right now, our country is hurting