I believe in the separation of powers. If a judge crosses the line between interpreting and making the law, he has crossed the line supporting his legitimate authority from the legislative branch's authority. Now, to me that's a very serious matter if we believe, as America's founders, did that the separation of powers - not just in theory or in textbook but in practice in the actual functioning of government - is the linchpin of limited government and liberty.
Orrin HatchA judicial standard means that a judicious decision can be entirely correct, even when the result does not line up with our preferred political positions or cater to certain political interests.
Orrin HatchAmerica's founders were clear that the Constitution established a federal government of few and defined powers. It cannot regulate any activity it chooses, but they only regulate in those areas which the Constitution grants it power to regulate.
Orrin HatchAs was noted in the Wall Street Journal, last March 21st, FDA approval of drug labelling, '...requires seven to ten years, and costs each applicant an average of $70 million.'
Orrin HatchHowever, FDA attempted to reverse this clear congressional intent in March, 1979, by proposing to regulate vitamins and minerals as 'Over-The-Counter' drugs.
Orrin Hatch