Hatch criticizes activist judges at UVU Constitution Week event

OREM — Sen. Orrin Hatch, R-Utah, chided judicial activism as he delivered the keynote address Friday during Utah Valley University's celebration of the signing of the U.S. Constitution.

"Activist judges read the words of the Constitution but look wherever they wish for the meaning they want to give those words," said Hatch, the former chair of the Senate Judiciary Committee. "… Activist judges change the meaning of the words that are actually in the Constitution and they invent provisions that the people never put there at all."

He explained that in order for the Constitution to remain vital and relevant in contemporary America, its interpretation must stay true to the intent of its authors.

"(The Constitution) is the primary mechanism by which the people continue to be masters of the government and, therefore, to remain free," he said. "Neither the basis of our political system nor the principles of free government have changed.

"Therefore, liberty itself depends upon the people remaining the masters of government and the people retaining authority to control the Constitution. … The Constitution may say what the people said, but unless it still means what the people meant, the people will have lost control over the Constitution. The casualty would be nothing less than liberty itself."

Utah Supreme Court Chief Justice Christine Durham capped the celebration with a closing address that in some ways closely mirrored Hatch's address but in other respects diverged to explore different philosophical territory.

Echoing Hatch, Durham said, "As we celebrate the founding of the Constitution, let us keep in mind that we are its guardians and that to the extent we ignore our obligation to understand (the Constitution), we put at risk its mission."

However, Durham heavily emphasized the notion that the Constitution is always subject to refinement through the amendment process.

"(There are) 27 amendments to the United States Constitution," she said. "Some think of the Constitution as a rigid document. I think that it's clear from the amendment process that it has been an evolving document."

A large portion of her remarks examined the historical significance of the 19th Amendment, which extended voting rights to women in 1920. Durham said that, with all of the prominent women who are now active in all branches and at all levels of government in the U.S., it's easy to forget that less than a century ago securing voting rights for women was far from a foregone conclusion.

"Entrenched opposition nationwide sidelined the suffrage movement for decades in the 19th century," she said. "By 1920, the antagonism toward women voting remained in the Southern states and was strong enough to come close to blocking ratification (of the 19th Amendment)."

Rep. Jason Chafetz, R-Utah, gave the opening address of UVU's Constitution Week on Monday. In addition to Hatch and Durham, Lt. Gov. Greg Bell also spoke Friday.

e-mail: jaskar@desnews.com