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Detailed text transcripts for TV channel - FOXNEWS - 20180905:18:41:00

The judicial branch can never exercise the policymaking role that is reserved to the congress. admittedly speaking level of generality, tough cases, margins trying to figure out what the line is. as general proposition, important for every judge to go in with mindset of, i m not the policy maker, i m the interpreter of the law applier in a particular case. i think that is very important part of the federalist paper woven into the constitutional structure in article three and that judges i d certainly have tried for 12 years as judge on the dc circuit to incorporate that basic foundational principle into how i approach each case and it is a very critical bedrock principle of what judges do in our constitutional system. now within that framework, when we enact a law, what determines what it is you have ....

Point Congress , Policymaking Role , Constitution Shall Be Supreme Law Of The Land , Brett Kavanaugh , Policy Maker , The Dc Circuit ,

Detailed text transcripts for TV channel - FOXNEWS - 20180905:18:13:00

That case under the precedent, first amendment law and would think about that. the policy question, i think, is really for congress in the first place to determine, assess, study, exactly what kind of disclosure requirements should be put in place. i understand the potential hazard there is that the unleashed power of unlimited political dark money then becomes like a ratchet, the obstacle to solving that problem and i hope you can understand that as a matter of political principle. i do understand the concerns about money in the political system. when i worked for in the time it takes all of you and when i worked for president bush in the 2004, 2003 and 2004 time frame and how many fundraisers he had to do and going back to the september 11th point and time and burden on the presidency, he ....

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Detailed text transcripts for TV channel - FOXNEWS - 20180905:18:43:00

Arizona to what is signed by the president, it is what has gone through the senate and the house and that is the law. but also as a practical or functional matter, i think having seen the legislative process, i know how compromises come together and the house and senate, within the senate, within the house, there is negotiations late at night over precise words and compromises inevitably. the constitution compromise, legislation is compromise and we depart from words that are specified in the text of the statute, we re potentially upsetting the compromise that you all carefully negotiated in the legislative negotiations that you might have had with each other and so that is a danger that i try to point out when we re having oral argument in a case or deciding cases if we deviate from what congress wrote we re potentially upsetting careful compromise even if we think we would have struck the compromise in a different place as judges, that ....

Constitution Shall Be Supreme Law Of The Land , Constitution Matter , Constitution Compromise , Each Other , Point Congress ,

Detailed text transcripts for TV channel - FOXNEWS - 20180905:18:48:00

I think she said she meant and meant what she said when she said that. what would be the argument against that? to me that sounds like judging, what would one argue against being that type of judge, against being textualist originalist? well, different philosophies of what a judge does, but i think the judges, you know, what the role of the judge is, i think the law, article six of the constitution says this constitution shall be supreme law of the land and the word law is very important there, not a is set of aspirational principles, it is law that can be applied in court and what is the law, the law are words ratified by the people and therefore can be applied in the courts of the united states. it says the supreme law, what does it mean by that, when you pass a statute, that is ....

Brett Kavanaugh , Constitution Shall Be Supreme Law Of The Land , Rhode Island Supreme Court , Supreme Court Law , United States ,

Detailed text transcripts for TV channel - FOXNEWS - 20180905:18:40:00

i don t, the eight-hour oral argument, we did have one in a in an in-bank case two years ago that went all afternoon. i don t we got back to the conference room, i don t think anyone was saying we should to that in every case. understood. understood. let s talk about judicial philosophy for a minute, i d like to discuss federalist 78. in federalist 78, ham ilt theon discusses will and justice on the other hand. will being something that is exercised by the political branches, primarily by the congress, and judgment being exercised by judicial branch, what is the difference between those two? the judicial branch is deciding cases controversy according to law. the legislative branch is making the policy exercising the will. ....

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