Rebalencing The Constitutions

The next time (And subsequent times) a candidate for a US Supreme Court appears before the usual committee of the Senate (for a State Supreme Court position) , the following should-and-must be a part of the questioning. Only slight imodifications be needed to use this as a base for interviewing candidates for State Supreme Court positions.

1. Read and attribute the following quote: . President Thomas Jefferson's note on the interpretation of the Constitution: "On every question of construction carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text or invented against it, conform to to the probable one in which it was passed"

2. Then ask the candidate if s/he agrees with that principle: In whole and without reservations; Or, in part and with reservations; Or, not at all.

3-A. For the person who responds a total agreement, ask her/him if they will apply the exact words of the Constitution (As amended) and the intent of the writers as their primary references in writing decisions on cases brought before the Court.

3-B. For those having reservations, ask each such person what those are and "the reasons why" for not agreeing with Mr. Jefferson AND to what extent and under what conditions will such a disagreement take effect.

3-C. For those who fully disagree with Mr.Jefferson, ask them "Why?".

4. For the latter two types of persons, ask: Does the Constitution internally provide for changes (Especially in rights added for or taken away from the People); AND, where in the Constitution is there any provisions for "evolving standards"?

After that first use of these questions, they should be applied to all nominees for Federal (State?) Judicial positions.

The Congress (Legislature), itself, could preface Bills by requiring adherence to Mr. Jefferson's above-cited quote by use of a common preface which requires judges to interpret the subject legislation: First in terms of the words of the Constitution (As amended) and the intent of the relevant authors; Then, the words of the legislation and the intent of its authors. Failure to comply with this could be prima faciie grounds for impeachment and trial.

I think it well past the time when the Peoples elected representative, the Congress (Legislature), should re-balance the three branches of our Federal (State) Government, which balance has become harmful to the Republic due to too much power flowing into the Courts and the Administrative branches.