Under the Constitution, the president, not the Senate, nominates and appoints judges. The Senate has a different role. We must give our advice .
Orrin HatchWe must apply a judicial, not a political, standard to this record. Asking a judicial nominee whose side you will be on in future cases is a political standard.
Orrin HatchWe cannot let our respect for the FBI blind us from the fact the FBI has sometimes come up short of our expectations.
Orrin HatchWe must remember that judicial nominees are constrained in what they may discuss and how they may discuss it.
Orrin HatchI 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 HatchI'm not naive. Sometimes interpretation is more of an art than a science. There are those who would label interpretation absolutely anything a judge might do or, two, the text of a statute or the Constitution. But it seems to me there comes a point where a judge is using his own creativity and purpose and crosses the line between interpreting a text written by somebody else and in a sense creating something new.
Orrin Hatch