Kennedy on Alito

Ted Kennedy gave his anti-Alito speech yesterday, and it was a good one.

One of the most important of all the responsibilities of the Supreme Court is to enforce the constitutional limitations on Presidential power. A Justice must have the courage and the wisdom to speak truth to power -- to tell even the President that he has gone too far.

Chief Justice John Marshall was that kind of Justice when he told President Jefferson that he had exceeded his war-making powers under the Constitution. Justice Robert Jackson was that kind of Justice when he told President Truman that he could not misuse the Korean War as an excuse to take over the nation's steel mills. Chief Justice Warren Burger was that kind of Justice when he told President Nixon to turn over the White House tapes on Watergate. And Justice Sandra Day O'Connor was that kind of Justice when she told President Bush that "a state of war is not a blank check for the President when it comes to the rights of the nation's citizens."

He dissects Alito's record (including its conflicts with his recent testimony), criticizes the trend toward evasive hearing appearances, and generally points out the seriouness of the current confirmation decision, especially for the balance of powers in our federal government. They have the whole transcript and video at the link.

(via XOverboard)