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Public Statements

Issue Position: Courts & The Constituion

Issue Position

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Mitt Romney's view of the Constitution is straightforward: its words have meaning. The founding generation adopted a written constitution for a reason. They intended to limit the powers of government according to enduring principles. The job of the judge is to enforce the Constitution's restraints on government and, where the Constitution does not speak, to leave the governance of the nation to elected representatives.

At times over the past hundred years, some justices of the Supreme Court did not carry out that duty. There were occasions when the Supreme Court declined to enforce the restrictions on power the Framers had so carefully enumerated. At other points, the Court created entirely new constitutional rights out of "penumbras" and "emanations" of the Constitution, abandoning serious analysis of the Constitution's text, structure, and history.

Mitt believes in the rule of law, and he understands that the next president will make nominations that will shape the Supreme Court and the whole of the judiciary for decades to come. He will therefore appoint wise, experienced, and restrained judges who will take seriously their oath to discharge their duties impartially in accordance with the Constitution and laws -- not their own personal policy preferences.

As president, Mitt will nominate judges in the mold of Chief Justice Roberts and Justices Scalia, Thomas, and Alito. These justices hold dear what the great Chief Justice John Marshall called "the basis on which the whole American fabric has been erected": a written Constitution, with real and determinate meaning. The judges that Mitt nominates will exhibit a genuine appreciation for the text, structure, and history of our Constitution and interpret the Constitution and the laws as they are written. And his nominees will possess a demonstrated record of adherence to these core principles.


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