The three essentials for the judiciary to live up to the ideals of the Framers are independence, an understanding of a judge’s proper role, and excellence, said Attorney General Alberto R. Gonzales in a January 17 speech at AEI. In the speech, he outlined the administration’s philosophy of jurisprudence and its priorities in judicial selection.
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Attorney General
Alberto R. Gonzales |
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According to the attorney general, an independent judiciary is essential for a strong republic. Judges must not seek public approval and acclaim or avoid criticism. Through lifetime tenure, judges are insulated from these pressures. Attorney General Gonzales endorsed a pay increase for federal judges in order to further insulate them from external pressures and the financial temptations of the private sector. He added that Congress should create more judgeships, especially in burgeoning parts of the country where dockets are “stretched to the breaking point.”
As for the proper role of judges, the attorney general argued that “judges should decide cases on neutral principles, leaving political decisions to the political branches.” Congress and the president are more accountable to the people than the judiciary, requiring courts to be less political: “The power and authority of courts . . . depend on their credibility with the public and with the other branches of government.”
Since the “only true check on judicial overreach” is the judiciary itself, the attorney general emphasized the importance of excellence in judicial nominees. As attorney general--and also in his previous capacity as White House counsel--Gonzales participates in the judicial selection process. He said that the president does not ask about political views or how a candidate would rule on a particular case, but rather looks for sterling credentials, an understanding of the judiciary’s constitutional role, and a general philosophy of restraint. “Judges who respect the rule of law,” he said, “respect the legislature’s prerogative to make the law.”
For a video and transcript of this event, visit www.aei.org/event1448/.
