Issue Position: Judges

Issue Position

The Senate has the responsibility to confirm justices to the U.S. Supreme Court. Given that some judges have usurped power belonging to other branches of government and to the American people, it is important that those nominated to the Supreme Court and lower federal courts understand the important, but limited, role of the courts in the constitutional system.
As Alexander Hamilton noted in The Federalist No. 78, the judicial branch possesses neither force (which belongs to the executive branch) nor will (which is the province of the legislature) but merely judgment. The duty of the courts is to apply the law and Constitution as written; judges have no legitimate authority to rewrite the law and Constitution. When courts go beyond the proper role of the judiciary under the Constitution, they undermine the ability of the American people to govern themselves.

Source