1. Election of judges by the people for a definite term of office is the best way to select judges.
2. The U.S. Constitution is a living document and should be interpreted according to the circumstances of each generation.
3. Foreign laws should be used in American courts even where those laws conflict with constitutional rights.
4. Free enterprise and the right to private property turn mankind's natural self interest into the fairest and most productive economic system there is, and are the key to national prosperity.
5. Which current Justice of the U.S. Supreme Court best reflects your judicial philosophy?
6. Which U.S. president elected to that office in 1960 or thereafter best reflects your political philosophy?
George W. Bush
7. Which U.S. Supreme Court decision do you think has most impacted society? Please explain your answer.
Roe v. Wade: It is an issue that has sharply divided our country for decades, with no middle ground from either side. It has become a contested issue in every political race, legislative session and judicial appointment since the decision was rendered.
8. Based on the Declaration of Independence and the U.S. Constitution, please arrange the following entities, starting with the highest source of authority, and continue the list in descending order of authority, skipping any that do not apply: Academia, Congress, Constitution, God, Industry, Media, Professional Sports, Supreme Court, Voters.
God, Constitution, Congress, Supreme Court, Voters, Media (those that do not apply in descending order of authority Media, Industry & Professional Sports). As my father's (a military hero) headstone says "He loved God, Country and Family."
9. What in the nature of mankind caused America’s Founders to carefully define, separate, and limit powers within the Constitution?
The Founders were motivated by their desire to worship according to the dictates of their own conscience, to be from oppressive rulers and unfair taxation (taxation without representation). As the saying goes "Power tends to corrupt, and absolute power corrupts absolutely." The executive, legislative, and judiciary branches of the government were separated to avoid anyone branch from obtaining too much power over the other.
10. Please give an example of a judicial decision where strict constructionist policy was violated. Explain.
Roe v. Wade: Nowhere did the original Constitution provide for such a right to privacy, such that the original authors of the Constitution could have envisioned that the it would include the right to have an abortion. Nothing else needs to be said in relation to that issue.
11. What is the proper use of legislative history in interpreting statutory law?
Having been a research lawyer and trial lawyer there are many ways to determine the legislative history of statutory law. First the plain language may not require any further research; however, thorough research allows one to obtain records and recordings presented to the legislature during the development of that law. That would be the most ideal place to research the issue.
12. What specific text in the Declaration of Independence provides the critical basis for individual rights and the form of government guaranteed in the United States Constitution?
Individual rights are derived from the second paragraph of the Declaration of Independence which states the following: "We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are Life, Liberty, and the pursuit of Happiness;" The form of government follows the writings of the basis for individual rights: "that, to secure these rights, governments are instituted among Men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.
13. Briefly describe your spiritual beliefs and values.
I am an active member of the LDS Church, attend church weekly and served a 2 year mission to Argentina from 1976 to 1978.