From Deseret News archives:
Roberts says judges' freedom has limits
"The judicial branch has the authority to interpret the Constitution because it is law," he said, "and must be independent to do so without fear or favor. But the judges must limit themselves to that task. They may not use their independence to write their own policy preferences into the Constitution."
During a 34-minute speech, Roberts quoted fellow conservatives Ronald Reagan, twice, and Robert Bork, once, and also used the Federalist Papers frequently to bolster his theory of a critical, but limited, role for judges.
Roberts suggested to the University Forum audience of 7,080 gathered in BYU's Marriott Center that they read the Constitution again and read the Federalist Papers, where, he said, Alexander Hamilton describes an independence for a Supreme Court justice that "is not the freedom to do whatever he pleases."
Roberts spent the first 20 minutes of his talk delivering a basic outline of the first three articles of the Constitution, which describe the separation of powers among the president, Congress and the Supreme Court.
After a short break, Roberts fielded 18 questions from BYU students and alumni for 39 minutes. He declined to answer questions about Guantanamo detainees, gay marriage and some aspects of privacy law because cases related to those subjects may come before the court.
He also avoided a question about presidential candidate Mitt Romney, saying he needed to steer clear of political debate.
But he did provide compelling answers to a number of wide-ranging questions about fellow Justice Clarence Thomas (he is not as reserved in private as he is during oral arguments before the Court), the use of international precedent by some justices (Roberts criticized it) and modern technology.
"I think some of the more difficult issues this court will be asked to address is the impact of modern technology on legal issues," Roberts said.
For example, imaging technology exists that can allow law enforcement officers to see through walls.
"Is that an unlimited search and seizure?" Roberts asked.
"People tend to be focused on what are the hot issues right now," he added. "Those are not the issues I think 25 years from now are the ones people will look back on and say were significant."
Roberts also was meeting with a group of BYU law students this afternoon.
E-mail: twalch@desnews.com
Recent comments
The attendance figure also didn't count the places on campus where...
Tiago | Oct. 24, 2007 at 8:01 p.m.
judges should not legislate period like earl warren did among others...
tom | Oct. 24, 2007 at 10:08 a.m.
Anyone can watch the forum at http://byu.tv on demand for free.
NF | Oct. 23, 2007 at 11:58 p.m.
- Human race related to earliest fossils 10:40 p.m.
- Alaska diocese agrees to pay $10M 10:32 p.m.
- Photo: Lion cubs pride of Ohio zoo 10:31 p.m.
- California could get Tesla plant 10:31 p.m.
- Loyal to Cougarettes, Crimson Line 10:24 p.m.
- Ex-legislators call for ethics reform 10:23 p.m.
- Research: gratitude brings health 10:21 p.m.
- Food drive to benefit Road Home 10:13 p.m.
- EPA proposes sulfur dioxide limits 10:11 p.m.
- USU tops Idaho State 77-44 10:05 p.m.
- Utah, BYU are top choices for bowls
- BYU would like friendlier rivalry
- Protests against Phoenix LDS temple
- Best prep football games of 2009
- KSL: Prostitution in Utah County
- Man trapped in own body for 23 yrs
- Kirilenko climbing blocks list
- Woman describes stabbing, killing
- Boys basketball rankings
- 'Dancing' will fill out finale
- BYU would like friendlier rivalry
230 - Glenn Beck to enter politics?
224 - RSL wins MLS Cup on penalty kicks
202 - Protests against Phoenix LDS temple
187 - Palin plans tour stop in Utah
179 - Bronco, Kyle rubber match
137 - Palin's book shows she's unqualified
136 - BYU records with win
133 - Letters: Rushing to judge Palin
119 - Officer cleared in Cardall Taser case
104
brown had a bad shooting night. i cant understand why they took cyphers out...
That is more like it! Go Aggies!
Only half the teams in the NBA know how to beat the Jazz? So its YOU and...
Top ute are you really serious? good luck not finishing in last place in the...
This movie may not be so good, but Robin Williams has been in a number of top...
final four bound baby
With Soupy Sales gone she's trying to horn in on the act.
Democrats are the majority in salt lake county...that is why.
will be the dog out of the Jazz. Wonder why in the history of the Jazz that...
To "What a Joke." My advice for you is to calm down and be patient....



