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I'm not the first to have raised these democratic concerns. Many have faulted the court for its lack of clarity in certain cases and many have criticized its recent lack of deference to decisions made by state legislatures and Congress.
One of the most important things that I have learned in my 57 years is that life is all about choices. On every journey you take, you face choices. At every fork in the road, you make a choice. And it is those decisions that shape our lives.
As a young prosecutor, I used the Bureau of Criminal Investigation extensively. I saw that there were problems with BCI. Frankly, I thought I could fix them. I thought if I was successful, I could really make a difference as attorney general.
After all, our Constitution was intended as a popular document. It was drafted and ratified by the people. It established democratic institutions. It entrusts the people with the power to make the tough decisions. And, in most cases, it prefers the will of the people to the unchecked rule of judges.
While the president is to nominate that individual [to Supreme Court], we in the Senate must provide our advice and consent. This function is not well-defined. The Constitution does not set down a road map. It does not require hearings. In fact, it does not even require questioning on your understanding of the Constitution nor the role of the Supreme Court.
When it comes to the Supreme Court, the American people have only two times when they have any input into how our Constitution is interpreted and who will have the privilege to do so.First, we elect a president who has the power to nominate justices to the Supreme Court.Second, the people, acting through their representatives in the Senate, have their say on whether the president's nominee should in fact be confirmed.
In my opinion, Chief Justice Roberts put it best during his recent confirmation hearings. And he said, and I quote, "The framers were not the sort of people, having fought a revolution to get the right of self-government to sit down and say, 'Well, let's take all the difficult issues before us and let's have the judges decide them.' That would have been the farthest thing from their mind," however, I fear that the Supreme Court forgets this advice.