Historic Nomination

Historic Nomination

By U.S. Senator Chuck Hagel

September 16th, 2005 - Twenty-five years from now most of the events and personalities of September 2005 will have passed into the pages of history. New Orleans will once again stand proudly as one of America's most vibrant cities; America will have been forced to address our need for energy independence; and the legacies of today's politicians will be the work of tomorrow's history professors. However, the confirmation of John Roberts as the 17th Chief Justice of the United States Supreme Court could well be even more significant in 2030 than it is today. The Roberts Court will have a profound and historic impact on the preservation of liberty for decades to come.

When President Bush nominated John Roberts, I said I would enthusiastically support him and vote to confirm him. I first met John Roberts when we both served in the Reagan Administration in the early 80's. He is a person of enormous intelligence, character and judgement. His performance in his Senate confirmation hearings this week transcended television ads, internet blogs, television talking heads, and the million dollar industry that reduces the judicial nominations process to caricatures and buzz words across the political spectrum. The Roberts confirmation hearings forced a serious examination of the role of the Supreme Court and the federal government in our society.

My beliefs about the role of government were shaped and molded when I served on the staff of Nebraska Congressman John Y. McCollister in the 1970's. I remember him warning America about the wholesale disregard of the 10th Amendment to the Constitution which states:
"The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people."
In the late 1930's and early 1940's, the Supreme Court used Article I, Section 8 of the Constitution which gives the federal government the power to "regulate commerce," as a crowbar to pry open the lid of federalism and more fully insert the federal government into the lives of the American people. By the 1970's, we saw an expansion of the federal government's power our Founders could not have imagined.

At the same time that Congressman McCollister was invoking the 10th Amendment in the House of Representatives, Justice William Rehnquist was frequently the lone voice on the Supreme Court for the discretion of states and the integrity of the 10th Amendment. Much has been said about William Rehnquist in the past two-weeks. He was a giant of our time. As history considers his legacy, I believe his ability to move the Court back to a responsible position concerning federalism will be his greatest accomplishment. In this, he had a strong ally in Justice Sandra Day O'Connor.

The Founders did not arrive at the 10th Amendment by accident. It was a necessary compromise in order to get the Constitution ratified. The Founders believed that the Constitution must protect the citizens of the United States from the consolidation of the federal government's power. History has proven them wise. Well meaning politicians never have enough power to do all the good things they believe are essential to the nation's well-being. History shows that the growth of central governments is no substitute for the ingenuity and energy of individual citizens.

It was President Woodrow Wilson who said:
"The history of liberty is a history of the limitation of governmental power, not the increase of it."

As we work to address 21st century challenges like terrorism, the proliferation of weapons of mass destruction and incredible advances in technology, we will constantly be confronted with the need to balance the expansion of the federal government's power with states rights, individual liberties and national security. As we act to secure our nation, we must also guard against federal overreaching. That is why measures like the sunset provisions in laws like the Patriot Act are so important.

In years to come, Congress will be under great pressure to reach into areas of law historically reserved for state and local governments, including land use, education, economic development, law enforcement and contract law, including marriage. A wise and judicious Supreme Court will be as critical as it has ever been to see America through this volatile time.

Decades from now, if John Roberts can look back upon a legacy of having protected the rights of states and individuals while helping strengthen America from within, and constraining the power of the federal government, then it will be a legacy worthy of succeeding William Rehnquist.

http://hagel.senate.gov/index.cfm?FuseAction=NebraskaReport.Detail&PressRelease_id=219151&Month=9&Year=2005