Transcripts For CSPAN2 Neil Gorsuch A Republic If You Can Ke

CSPAN2 Neil Gorsuch A Republic If You Can Keep It July 13, 2024

Board chairman, fred ryan. [applause] good evening everyone. I name is don hi bush and i had the honor of being the executive director of the Ronald Reagan president ial foundation and institute. Thank you all for coming this evening. If you would in honor of our men and women in uniform who protect our freedoms around the world please stand and join me for the pledge of allegiance. I pledge allegiance to the flag of the United States of america and to the republic for which it stands, one nation under god indivisible with liberty and justice for all. Thank you, please be seated. Before we get started i would like to take a moment to recognize some special guests we have with us this evening and i will begin with our board of trustees. We have with us governor pete wilson and his terrific wife, gail. [applause] from North Carolina mr. Bennett sutton. [applause] former congressman retired but just as busy as ever alton [inaudible] and his wife janet. [applause] so now on to tonights program, ladies and gentlemen it is my honor to invite fred ryan, chairman of the board of trustees of the Reagan Foundation and institute to our state stage. [applause] good evening, welcome to the Reagan Library. Thank you for joining us for what we know will be a fascinating conversation. We are honored to have as our special guest this evening justice neil gorsuch, it is generally understood that after eagle to Senate Hearings to be confirmed to the serene court you never have to answer questions again that you dont want to. [laughter] instead, you get to ask the questions. But just discourse which we appreciate you making an exception for this evenings interview. [laughter] i promise i will do my best to make it a better experience in the Senate Judiciary committee. Thats a low bar, i know. [applause] if you have seen a copy of justice scorches book you will note that he had two collaborators, his former clerks jane and david and we are pleased to have david in the audience with us tonight. David, where are you . And we are honored that david is joined by his grandmother who was very special to us, vera who is been a docent at the Reagan Library for more than 20 years. [applause] i would say you should never underestimate the power and influence of our docents, they can bring a Supreme Court justice to the Reagan Library. David and vera are not just his only links to Ronald Reagan. In 1993 and in 94 just discourse which served as a clerk to Supreme Court Justice Anthony kennedy who was president reagans third and final appointment to the high court. Twentythree years later just discourse which would become the first clerk to serve alongside his former boss as a fellow Supreme Court justice. David, i hope you are taking notes. Through this lineage today is a Supreme Court reflects the reagan legacy. It was no secret what president reagan wanted that legacy to be. Americas courts he said, should interpret the law, not make it the role of the Supreme Court in his view was to quote, make sure that principles of law are based on the constitution. Just discourse it neil book is a users manual for the faithful interpretation of our constitution. It is also a wakeup call about what we might risk if we stray too far from our constitutional principles. The title of Justice Gorsuch book is a republic, if you can keep it and that phrase is how Benjamin Franklin is said to answer citizens questions about what type of government the founders had created at the constitutional convention. With his response franklin was trying to convey just how fragile our constitutional liberties are and how vigilant our citizens must be to preserve them. Its a same caution president reagan urged in his famous line, freedom is never more than one generation away from extinction. During tonights conversation we look forward to learning what americas courts and citizens can do to preserve our constitutional freedom for the next generation. Ladies and gentlemen, join me in welcoming justice neil corset. [applause] [applause] just discourse which we are delighted and honored to have you here on the date of publication of your book back i am so happy to be west of the mississippi, i cant [laughter] thank you for having me. Its something ive been looking forward to. Ive never been to this museum and its been a treat. Can you show a little bit of that . To say that was unexpected, doesnt begin to capture how it felt to me and my family. Ive got a few stories to tell but ill share one. Not only do we have to sneak out of our hometown in colorado, and the white house and they took us into the kitchen and you probably know this better than i do, their scars from the war of 1812. Bullet holes and fire burned. The president was question enough to mind me the use of the lincoln bedroom as an office for the day. While. That evening, at a desk, the gettysburg address was, the president gave my wife, who is an immigrant from england, the use of the queens bedroom across the hall. She was allowed one phone call. [laughter] it had to be someone back in england, it couldnt be in america, she called her dad. Dad, you wont believe it, its going to be neil. Its about to happen. He said honey, ive stayed up late in england. It was evening announcement. He said, ive been watching your Television Programs over here and theres another fellow dear friend of mine with a call on tape driving toward washington, so its not going to be neil. [laughter] she said but dad, ive in the queens bedroom, i think its going to be neil. [laughter] she said, he said but honey, the other type would be down the hall. [laughter] thats a bit of a feel what it was all like. Leaving your home in colorado was also a bit of an operation. It was. I tell that story in the book but what really followed from a big change for me and a shock was the loss of anonymity. Peacefully and happily colorado and all of a sudden, everywhere, i would be recognized. I must say, everyone who comes up to me, they have something nice to say. [applause] against the president but i wish you well, i love our country, i love our courts and constitution. If im looking particularly for low on that day, they might tell me a joke. [laughter] one moment that captured it for me was, i was taking planes back and forth all the senators, washington, i didnt know about that, i didnt bring enough closing. On the way back and forth, and feeling sorry for myself, no good reason, im the luckiest guy i know but we were in the plane and there was a bit of turbulence, i was sitting next to a little girl. Probably six years old. She didnt know or care who i was but she was scared and wanted to hold someones hand. She asked me, may i hold your hand . I said, of course. It reminded me of my girl at the age. Then the flights without and she said, would you like to draw . [laughter] we spent the next two and a half hours drawing and coloring. [laughter] it was probably my favorite two and a half hours. [laughter] [applause] sweetheart was that afterwards, after that happy moment of anonymity, mother had been behind us and i didnt know that. She had recognized me. She made sure i think you note was sent to my office two weeks later in a restaurant by that little girl. Stick figures in an airplane. [laughter] saying thank you for the fun. But, to me, is what america is about. That is what i got to see when i lost my anonymity from god takes something away, he often gives you something in return. Thats what i got to see, real privilege. [applause] you did a previous book on a different subject but could you tell us what inspired you to write this book and especially the selection of the franklin quote. Confirmation process, i wanted to Say Something about america and the constitution and the judge is reported as a confirmation process that changed a little bit. Back when president reagan nominated Justice Scalia to the court, my predecessor, the great man smoked a pipe during his hearing. [laughter] before the senate. [laughter] i dont think we will see that again. Byron white, one of my clerks, a justice from colorado, his hearing lasted 15 minutes. Thats about how long my hearing lasted in the court of appeals when i was nominated for the first time. Second time was a little different. [laughter] during that process, i came to feel that some basic things about our country, we need some reminders. We all do. About the wonder of our constitution, how blessed we are to live under it. How all of us have a role to play in our republic, its not supposed to be run by a small group, its we the people, close of the first three words of the constitution. I became concerned during this process that some people think judges are just like politicians, capes rather than robes. We away from just like that kind of person we rule against. All that was so foreign to my lived expense as a lawyer and the judge, morris i admire, the judges i had admired, they know that law is not politics. The judges are not supposed to be politicians. Our constitution is the greatest charter of human liberty than was ever known. Its a great privilege to do nothing more than uphold it and pass it on to the next generation. Thats what i wanted to write about. Thats my experience in the flock. Or to offer folks little peek of my life in the court and how a judge thinks so you can see for yourself how different it is a politician. Politicians are elected to do your will. Judges are not elected and the job is to exercise legal judgment, not well. Its right there in the papers. Thats not what i want to talk about. [applause] when i dug into it further, i came to learn that we do have a problem, 30 of americans from only 3 can name the three branches of government. About a third, another third to name one, 10 of americans apparently think they serve in the United States of Supreme Court. You know her as a judge judy. [laughter] i respect judge judy, i like judge judy. [laughter] but shes not one of my colleagues. [laughter] so i wanted to talk about this and another stepbrother, before we do, i was joyfully able to do it with two of my wonderful law clerks. Weber david is here, jamie is not but let me break on him for ten seconds. This young man comes from mexican immigrants and holocaust survivors. He can achieve his dream, he attended law school. He graduated first in his class at harvard. [applause] jamie is every bit of special. Her family escaped communism. Czechoslovakia. She came here, degrees in statistics and physics and made her way through Harvard Law School as well as david. Both me and sonia. Those are the people for whom i write this book. Joyfully able to work with, and they gave me such hope for the future. [applause] thank you. [applause] both of them served as your law clerks and i know you have simple rules that you give your law clerks. Could you share those with us . The judges role in the constitution, they are fairly simple. If you do these two things, where going to get along just fine this year. I dont care how you come dressed to work or how he worked but, i would like to see you from time to time. [laughter] i just have two rules. First, dont make anything up. Just follow the law as faithfully as you can. Thats the judges job. Help me with that. Thats hard enough, figuring out what the law is. What those words on the page mean, with their original meaning was in applying them, thats hard. Rule number two, when people start yelling, asking, begging to make stuff up. Telling you are a terrible person if you dont make stuff up. Telling you worst of all, they might not invite you to their cocktail parties. [laughter] just refer back to rule number one. [laughter] [applause] looking into your book, one of the major themes is the framers vision of separated powers. The dangers during those wines of separation, can you talk about why thats so important . We all know our First Amendment rights, Fourth Amendment right, we know the bill of rights and how they contribute to our liberty but i sometimes wonder if we dont appreciate enough separation of powers and how important it is to our liberty. Many countries have wonderful bills of rights. North korea is my favorite. [laughter] it promises our bill of rights, every one of them education, healthcare and even my favorite, a right to relaxation. [laughter] i dont know how thats working out for the Political Prisoners in north korea but madison knew this when he wrote the constitution, those were just promises. He didnt even think we needed a bill of rights if we got the constitution and structure and separation of powers right. He knew men are not angels and the kid liberty is keeping power separated. One ninth of one third of the federal government, which is one half of the government in the country. Divide power. What happens when we ignore the separations of power . It sometimes forgotten. I know its kind of academic and wonky and it did to me when i learned has also and was bored by it. As a judge, i spent a judge a while, especially in day in and day out cases, i came to see what happens when you blur the lines of separation of power in real peoples lives. I can offer a couple of examples, so what happens when the legislative power, how to make new laws is transferred to the executive branch . Its supposed to be public process houses of congress, responses at different times. The whole idea was to make the legislative process so they could accept special power to protect themselves. Thats how he thought minority rights would be protected multiple. More than the bill of rights. What happens when you take that process and put it in the hands of the executive branch . This is supposed to apply the law, enforce the law, not make the lock. If you can make it through this difficult process, it should be vigorously enforced so would put all power in one persons hands. Right . The president. So what happens when you take out 435 elected representatives and put one person in its place . Its for years. I want to exaggerate but what happens when power is delegated . You have cases like Small Business in colorado, mom and pop type operation, provides nursing care, inhome nursing care. Its a good size business. They get accused by the federal government of medicare for all, thats none of your business. There find 800. It later turned out that they complied with all rules in place at the time the agency was promulgating so many new rules, boss, enforceable that even the agency couldnt keep up. I asked, how many of these criminal regulations are out there on the books, written by federal agents . Sometimes not even responsive to the president at all and they said academics stop counting many years ago when they got to over 300,000. Right . Thats one example. What happens when the power to judge is transferred to the executive branch . I have veterans who come before me, immigrants who come before me, when i look at the law, they win. They deserve to win. We have doctrines that say no, that judges should defer the interpretation of the law by an executive bureaucrat. So, even though i think the pattern should win, immigrants should win from Social Security benefit recipient should went, i have to rule the other way. That happens to your right with an independent judge. What happens to your right to participate in the homemaking process . Its supposed to be republic. Speaking of the three branches, you feel three branches are coequal . I hope so,. Do they always instantly maintain the same role or overtime, is one more powerful than the other . One can question by virtue, what happened in our world from a lot more power has devolved in the executive branch and they had in mind. A lot of the legislative power has moved to the executive branch and a lot of judicial power has moved to the executive branch. Early in the book, you introduce two important concepts, one regionalism the application and two, textualism interpretation of statutes. Can you give us a summary explanation of what these concepts mean and why they are important . Now we are really getting funky. [laughter] yes, this is very important to me. The term has not been uttered by any of my professors at law schools until Justice Scalia showed up one day to give a lecture and he introduced it to me. Its not something i fully embraced or understood until years later and became a judge. Its really a simple idea, simple. The judges should abide the words on the page as they were originally understood at the time they were adopted. The truth is, the judges have always, when it comes to written loss, statutes or contract, felt the role was to apply those words as they originally were meant and understood at the time they were written. Our founders decided on us constitution, thats what they put down about the put it down on paper, they set down your rights and obligations on paper. They didnt choose to pleaded to evolve. If you want to change it, prescribed the process of the amendment process that directed by we the people. Not anyone else. So it honest, i think the readiness of our constitution, they could have done it otherwise, they knew the english practice of the unframed constitution, they rejected that. I came to see it again and new cases real lives what happens when judges ignore or override the original meaning of the words on the page and said to pursue something called a living constitution. The judge, i came to see when we go that route, your rights are often taken away. The ones that are on that on the page to be found. Let me give a couple of examples. The sixth amendment, is as you have a right to a jury trial, criminal cases. Right to confront your accuser accusers, it doesnt take a scientist to figure out what those words mean in most cases. The Supreme Court in living constitutions decision over the years set your rights were sometimes his way into judge instead can price your case. Your rights diminished. Sometimes, you dont have a right to confront your accuser. Sometimes a piece of paper written by a Police Officer can be introduced as

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