"One of the indispensable matters of Western Civilization is the rule of law. That rule is central to democratic government, a vigorous economy, and individual liberty." With those words, Judge Robert H. Bork affirms the rule of law--and points to the important role played by judges. The rule of law, he argues, "requires that the law be understood to have force and moral weight of its own, independent of the political and cultural struggles of the moment." That is another way of saying that the rule of law, when it is observed, guarantees the supremacy of process in political affairs; self-government, stability, and safety depend on that supremacy.
Judge Bork's warning--reminding us of the importance of the rule of law--should serve to underline the importance of the nomination of Judge Samuel A. Alito, Jr. to the United States Supreme Court.
Judge Alito brings to his nomination a distinguished career in the law and years of experience on the federal bench. In making his nomination, President George W. Bush stated: "As a Justice Department official, federal prosecutor and judge on the United States Court of Appeals, Sam Alito has shown a mastery of the law, a deep commitment to justice, . . . and he is a man of enormous character. He's scholarly, fair-minded and principled, and these qualities will serve our nation well on the highest court of the land."
Those who knew Sam Alito as a boy likely were surprised when he was nominated to the nation's highest court. After all, he had dreamed of becoming a professional baseball player only to choose the law as his vocation. The son of an Italian immigrant who came to America as a boy and later became director of the New Jersey Office of Legislative Services, young Samuel Alito was given the name of his late father, whom he counts as his own hero. Judge Alito's mother, Rose, age ninety, had served as principal of a New Jersey elementary school.
As a boy, Sam Alito's dreams may have been directed at baseball, but he quickly established a reputation for academic excellence as well. He was to serve as valedictorian of his high school class and later earned a baccalaureate degree at Princeton University. Just three years later, he received his law degree from Yale University, and then moved to a series of government appointments in Washington.
President George H. W. Bush appointed Alito to the Third Circuit of the U. S. Court of Appeals in 1990. He was later confirmed by a unanimous voice vote in the Senate.
In accepting President Bush's nomination, Judge Alito was mindful of his decade and a half as a federal judge: "Every time that I have entered the courtroom during the past 15 years, I have been mindful of the solemn responsibility that goes with service as a federal judge. Federal judges have the duty to interpret the Constitution and the laws faithfully and fairly, to protect the constitutional rights of all Americans, and to do these things with care and with restraint, always keeping in mind the limited role that the courts play in our constitutional system. And I pledge that if confirmed I will do everything within my power to fulfill that responsibility."
With those words, Judge Alito signaled his understanding of the judiciary and the role of judges. In doing so, he knew full well that this is the very issue around which controversy emerges every time a nomination is made to the Supreme Court.
Over the last several decades, the Supreme Court has assumed a role never envisioned by the founders of the American republic. Forfeiting the principle of judicial restraint, generations of activist judges have pushed a social agenda that, in their minds, would bring America into the modern age. Of course, the framers of the U. S. Constitution did not conceive of judges as legislators who would press their own agenda. To the contrary, the founders envisioned the Supreme Court as a final court of appeal, described as the "least dangerous branch" of government.
