Confirm Them blogged A bunch of law professors want Supreme Court nominees to answer a bunch of specific questions. There are ten of them:- Do you believe in employing a canon of construction? If so, is there a particular canon to which you subscribe?
- Do you believe it is appropriate for the Supreme Court to recognize constitutional principles that were not expressly written in the Constitution or explicitly recognized by the Framers?
- What rights, if any, do you believe are protected by substantive due process?
- The Supreme Court has declared that the Constitution contains a right to privacy. Do you believe there is a constitutionally protected right to privacy, and, if so, under what circumstances does it apply?
- Do you agree with the tiers of review currently employed under Equal Protection jurisprudence and the way they have been applied?
- What in your view are the limits on the scope of Congress’ power under the Commerce Clause and section 5 of the Fourteenth Amendment?
- What do you believe is the appropriate scope of state sovereign immunity and the Eleventh Amendment?
- Define “judicial activism” and describe your views on it.
- Do you believe there are judicially enforceable limits to the President’s power as Commander-in-Chief in times of national crisis? If so, what are those limits?
- What lessons do you believe the Court should draw from Korematsu and the World War II experience?
GWB said that he was prepared to consider people other than judges, but I think I must take my name out of consideration, because I can't answer all ten questions. I wish the Senate would agree to just ask a few questions like these, let the judges answer them without a lot of preening by the Senators, and then give the nominee an up or down vote, first on committee, and then by the whole house.
The law professors did not provide their answers (I wish they had), but here are responses from
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