Sen. DeWine

Sen. Mike DeWine (R-Ohio), following Sen. Kohl, said the U.S. Constitution  is "a light for the rest of the world." There are now more than 170 written constitutions in the world, more than half drafted in the past 30 years. Roberts's job, DeWine said, is to "correctly construe" the Constitution and ensure that it is "never unmade."

He said there is a growing sense in the country about high court decisions, such as the recent ruling allowing the taking of private property by New London, Conn., for economic development. He said he is also concerned about some recent rulings.

"Judges are not members of Congress, they are not members of state legislatures," and should not make policy, he said. Judges should "pay proper deference to the role of the executive, the Congress and the states," while still following the Constitution.

Judges will continue to "interpret" the Constitution even as the issues they address evolve over time, DeWine said. When faced with "new and unexpected issues," justices on the high court should evaluate the facts, the Constitution and legal precedents.

He quoted Roberts's previous statements by noting Roberts had said a judge requires an "essential humility," and should have deference to "legislative policy judgments."

Read the prepared text of Sen. DeWine's opening statement.

-- By Miranda S. Spivack

By Fred Barbash |  September 12, 2005; 1:31 PM ET  | Category:  Confirmation Hearings
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Posted by: SandyK | September 12, 2005 01:51 PM

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