Judge Barrett Will Interpret the Law, Not Make It

By Royal Alexander

In our Constitutional scheme it is fundamentally not the role of unelected, life-tenured federal judges to legislate from the bench. Rather, it is the role of the judge to precisely interpret and enforce the law as it is written. To do anything else is an illegitimate exercise of the judicial power.

Making policy as a “Super Legislature” is a perversion of a judge’s duty to be an unbiased arbiter of the law and it violates our constitutional system of checks and balances and the critically important Separation of Powers. Policymaking and lawmaking are exclusively the province of the elected branches. The Legislative Branch is specifically charged with making law. That’s its purpose in our constitutional scheme and our democratic process requires that any change to our law come from either an amendment to the Constitution or a revision of a statute, but not from the whim of a court.

Judge Amy Coney Barret’s judicial philosophy and methodology of judging stem directly from the school of legal analysis advanced by the late Justice Antonin Scalia. Like Justice Scalia, Judge Barrett is a strict constructionist, a textualist, and an originalist. Together, these terms mean that she will interpret the law in the strictest, most straightforward manner possible based upon the text itself—the plain, precise, literal meaning of the words (textualism), and the original meaning of the words (originalism) at the time the Framers drafted the document. Textualism is most often applied to the interpretation of statutes and Originalism is most often applied to interpretation of the Constitution.

From a standpoint of constitutional interpretation, this view of judging is grounded in the belief that the plain meaning of the words in our Constitution represent timeless principles and transcend every generation. What Judge Barrett firmly rejects is the view that the Constitution is a “living organism” that is “dynamic,” evolving, adapting and subject to change without being formally amended. That’s the very definition of “judicial activism” and it poses a danger to our form of government.

(Judicial activism is the reason for the 1973 Roe v. Wade abortion decision, which has no constitutional foundation in the 14th Amendment or anywhere else and amounts to one of the most egregious examples of judicial activism and judicial policymaking in American history).

There is no question that competent judging requires a sharp legal mind. However, I think it also requires something equally crucial, and rare: genuine humility. The judge must never lose sight of the fact that he or she occupies the role of an umpire or referee and only serves a legitimate judicial function by striving to accurately interpret the law as it is written, never conjuring it up or concocting it; never substituting the judge’s personal experiences, policy preferences or cultural inclinations for those of elected lawmakers. This intellectual discipline is grounded in humility.

I sense that humility in Judge Barrett. Everything I have read, summaries of her past judicial opinions, including her dissents, as well as speeches she has made, all lead me to conclude that she not only possesses the correct judicial temperament, and a keen understanding of the proper judicial function, but, more importantly, a sincere humility in her role as a judge.

When our branches of government are not required to remain in their respective constitutional orbits, our form of government cannot work. This need for restraint certainly includes the judicial branch and the federal courts. Judge Barrett is sensitive to the need for, and reflective of, a modest, humble role for judges and the need for judicial restraint.

Closely adhering to the dictates of our Constitution and the Separation of Powers is the only way “we the people” will remain in control of our government and the laws we live under, so that our government can truly be said to derive its “just powers” from the “consent of the governed.”

The views and opinions expressed are not necessarily those of the Natchitoches Parish Journal.  If you have an article or story of interest for publishing consideration by the NPJ, please send it to NPJNatLa@gmail.com.


28 thoughts on “Judge Barrett Will Interpret the Law, Not Make It

  1. This such ignorant statements coming from someone employed to serve the community. You should be fired!

  2. Two articles some may be interested in reading. Scientific American Endorses Joe Biden. There are a few other articles there as well. Scientific American is 175 years old and is well trusted. The other is New England Journal of Medicine “Dying in a Leadership Vacuum.” NEJM “is among the most prestigious peer reviewed medical journals as well as the oldest continuously published one.” Since 1812 and is well trusted. Stay safe. Wear a mask. Stay well.

    • Don’t throw up medical journals when the Democrats support late term and up till birth abortion!! Be honest that’s you problem with Barrett! Roe vs. Wade has you worried!

    • Another useful bit of information for you Vicki. The communist party of the US endorses Biden/Harris. China endorses the Biden/Harris ticket. These two endorsements are two that I worry about. Why would they endorse Biden? Ever thought about that? That is what scares me, not your fabrications about the real news on politics in this election year. Your hate is showing too much dear. Your stay safe message at the end of your rants don’t cover the hate you have inside you for the President of the USA.

    • Of course she will interpret the law Mr Alexander, but thats like interpreting the bible, different meanings for different people

    • ITS A DRAMA SERIES IT HAS WRITERS! IF ALL TRUE YOU DONT NEEDS WRITERS!
      Here’s facts I borrowed from a person who has seen it all!
      HAHAHA. Yeah okay … So here’s what the movie didn’t tell ya’ …
      July 5 2016 — Comey “decides” Hillary won’t be charged — but that was the DOJ’s job, NOT HIS.
      October 2016 — Comey gets 600,000 Hillary emails on Weiner’s laptop. He tells Congress all of them were reviewed. Later we learned only 13,000 were.
      November 2016 — FBI Larvae meet and concoct “The Insurance Policy” in case Trump wins … aka … The Russia Probe.
      October 2016 — Obama State Dept. official Kathleen Kavalec warns FBI ad DOJ the Dossier is fake and not to use it.
      Fall 2016 — FBI Agent Kevin Clinesmith MANUFACTURED an email to frame Carter Page.
      January 2017 — Comey says the Dossier is salacious and unverified by Intelligence. But he, Rosenstein and Yates present it to the FISA court four (4) times as “truthful and verified” … and failed to tell the judge HILLARY CLINTON PAID $12 MILLION FOR IT.
      Spring 2017 — Ex NSA Chief Bill Binney and Ex CIA / FBI / IBM / MI experts get hold of the DNC server metadata. (Think Casey Anthony. Neck breaking). They determined the DNC was not hacked. The Podesta email catalog was downloaded onto a thumb-drive.
      March 2019 — Mueller Report determines no evidence of Russia Collusion. New York Times reporters refuse to give back their worthless Pulitzer Prizes [pause for laughter].
      Russian Dossier Sources — “We heard those things about Trump over beer at a bar. We didn’t think they’d actually use it.”
      April 2020 — Interim NSA Chief Grenell releases Flynn Transcripts. NOTHING ILLEGAL FOUND.
      September 2020 — FBI agent tells Congress behind closed doors they all purchased liability insurance in case this illegal activity was ever uncovered

      THERES SOME FACTS FOR YOU!

      • Thanks for the facts Mike. It really has been agonizing this past 3 plus years. A total circus of lies and disruption because the democrats can’t get over Trump won. And it keeps dragging on. So sad.

  3. After decades, Barrett is leaving her church. Some that have left it have called it a cult. It is an off shoot of the Catholic church combined with some Pentecostal. She is not a Catholic folks as I’ve heard said. That church is scrubbing her name from their website for not abiding by their laws. Seems she just does whatever she feels like at the time. Is that what she will do “for” my country and my Constitution. Trumpists need to clean their own house before they start trying to “clean” mine. What was wrong with centrist Merrick Garland? Oh that’s right, Obama wanted to appoint him. You have a toddler Covid Donnie in my house lumbering around everyone there spreading deadly germs. He’s whining because he doesnt want to participate in a virtual debate. I mean really, would you want to be in the same building with that petrie dish? You have radical right wingers that were foiled in their plot to kidnap Gov. Whitmer. It is obvious it is the radical right that is coming to peaceful protests to start riots and trouble. What is wrong with the right wing in politics? I know Christians on the left and right. They do not act like this. Please keep your religious ideals, practices out of my government. There is a separation of church and state..I guess there still is. The majority of Americans (over 60%) want the next President to fill the SCOTUS seat. There are so many Repubs in government that have been infected by Covid Donnie. He certainly didnt look well during the debate. Sweaty, clammy, acting like a little boy that didnt feel well. I told my hubby that night that he looked sick. Turns out, he probably was. He has shut down relief money talks. Someone please take the keys from the toddler trying to drive (under the influence) on the highway. I hope you all will be safe in this hurricane. Wear a mask. Stay well.

    • Lady good God I don’t know any other way to put it!! YOUR A FREAKING LEFT WING NUT JOB! You don’t seen to have a problem when the right want to put the religious beliefs into action! OMG I’m just going to leave it at that because if I told you what I really want too I would be banned from npj.
      UNBELIEVABLE!

    • Again I ask you Vicki, where do you get all your misinformation? Obviously from a left wing rag or news channel. And if you don’t believe they are left wing, listen to see if they ever give the current administration any credit for anything or if it’s all negative. You know what they say, even a blind squirrel finds a nut occasionally. So even our President that you disrespect to the point of pure disgusting hatefulness, would have had to have to have done something good in 4 years. Yet you refuse to see or admit any of it. The names you call him does not tell me anything at all about the job he is doing in the White House for the normal average Americans. But those names you use do tell me a lot about you. You are a mean, angry and very unhappy woman. You seem to have a real resentment against success, and you don’t have any problem closing your mind to any truths that are proven to you. You had rather keep your small closed mind because you feel safe in there. It’s like a person who has wrinkles to prove their older, but still behaves like a 15 year old. I think really that you should work toward growing up mentally. I don’t care how you feel, you need to show respect to people. Don’t you feel a little bad because of how people feel because of your ridiculous comments. Just as for the beautiful young woman who has been nominated for the Supreme Court. If she were a leftist, you would be raving because she had adopted children from Haiti, and she has a special needs child, and she is really involved with her children. Plus all the people who know her only have wonderful words about her. She has said that no matter her personal beliefs, she would go by what the law says. Exactly what RBG said. Now explain to me the difference between those two, and use polite, intelligent words, please!

      Now I have another question? Only answer this one please, don’t go off on a name calling tangent, let’s be mature please! Did you watch the Vice Presidential debate. You know VP Pence brought up that President nominated someone to the Supreme Court in the 4th year of his term, as presidents have done for a long long time. Even former President. Obama nominated someone, though it did not go through. Then he asked if Biden and Harris were going to pack the Supreme Court. That was a fair question, even though both refuse to answer it, and it should be an easy yes or no answer. But Harris did a typical move, and said thanks for the history lesson, now let me tell you a story. At this time she proceeded to tell a story about Abraham Lincoln, before his second election, had the opportunity to nominate a Supreme Court Justice, and he refused to, saying that should be the job of a new president. The only problem with her Abraham Lincoln story, it did NOT happen. It was a lie and she knew it. Her response later on a liberal talk shoe was “It was a debate,(giggles) it was a debate (more giggles)”and on it went. Her demeanor during the debate was sophomorish with her giggles and laughter and often saying to VP Pence, “I’m speaking” well I’m sure he knew she was speaking and what he wanted was an answer or the truth. Because if she felt she had to lie about Lincoln, what else did she lie about.

      Vicki, normally people don’t use the names you call the President. You accused me once of making fun of someone, when I didn’t and it was obvious to everyone else that I didn’t. Only you. I think you might have some problems and you might need to talk to someone. It is not normal to harbor that much hate for anyone. If you can’t be decent in what you call people and what you say about people, especially when you don’t know it it’s true, you only say it because there is so much hate that is in you for Conservatives, Republicans, and anyone who does not agree with you. I do believe you had rather our country become a socialist country like so many other poor countries, than vote for President Trump or any Republican. I have a warning for you though, be careful. They will take your second home and your second vehicle and give them to some illegal immigrant. And it will be the nicer of both.

      • When trump release his taxes that’s when you will find out about the courts being packed. Also why did Mitch not want to vote on Obama court appointment if it wasn’t about political wants. You pay more in taxes then your guy in office and you have no issues with that his lies or the death of 213,000 people. I know they are not dead and the economic is great. So tell me in 47 months what laws not executive orders but laws did trump pass? He took away ACA and still 4 years later he and the mitch crew has not presented a healthcare plan. But he cares about you. You do know taxes fun the military and he is not helping by not paying his fair share but you are

        • When was ACA taken away? As I understand it, only certain things were changed in ACA, and that was not taking it away. Get your facts straight.

  4. Based on what has been said by the extreme left of the democratic party, if they ever get the White House and the Senate and House, they will pack the Supreme Court. That means we will never have a fair ruling by the Supreme Court again, as it will be filled with liberal judges. The far left wants a lot of things that will change the USA as we know it now. The Constitution will be no more, or will not even be recognizable as our Constitution. I know this might not be the wish of the middle of the road democrats, but there are many far left or socialist members of the democratic party now, and they are determined to make this country like Cuba. Why do you think the Cubans in Florida are supporting President Trump? They left Cuba to get away from bad government, they wanted a better life, so they came here for that. The far left is saying that the President is doing wrong by nominating someone to fill the spot of RBG, but the President is doing exactly what that esteemed justice said a President should do. She said a president’s term is 4 years, not 3 years and 6 months, or 3 years and 9 months, but a full 4 years. She finished by saying that a president should fulfill his duties for the full 4 years. So the people who are telling you that the President is doing wrong by nominating someone to fill the spot are wrong. He is doing exactly what he is supposed to do. As for the nominee, she has done nothing to even indicate that she would not be a good justice. She is intelligent, and knowledgeable of the law. She has said that her personal opinion would not dictate her rulings, she would be sworn to follow the law, and that is what she must do. That is a pledge all the justices make. I firmly believe she is just the sort of person we need on the court. All of the people who have worked with her, who taught her, who know her, have said she is perfect for the job. It’s time we get on with the running of the country. Four years have been wasted by certain people who have not been doing their job in congress. It’s time we had a full time government, working for the good of the people.

    • MEWHP: Amy Barrett has not left the catholic church .For the life of me, that has to be the worst, and most ridiculous lie ever. I follow the catholic News Journal and she is still very much catholic. Much more so that Biden and Harris. I just wonder if she has delusions. She does need to get help.

  5. Originalism mires the Court in the late eighteenth century, when slavery was still legal, women could not vote, and computers did not exist.
    Not all judges interpret the law alike, which is why there are nine on the Supreme Court. Interpreting the law is the constitutional function of the judicial branch. Making law is for the legislative branch, carrying it out is the function of the executive branch. All three work together, or should, for the advancement of justice and democracy.

  6. Very well explained. To people who have minds that will be open to this information. The left has their minds closed by Trump hate and all he does. (so they will hate Judge Barrett) And many leftists will fight for abortion blindly. The left wants to rewrite the constitution and the Bible to suit their ways. They support radical socialist behavior, that is filed with hate and seeks the destruction of this country. The democratic platform has one item of particular interest as follows: HOUSING, “Withhold federal funding from states that refuse to repeal zoning regulations, with emphasis on ending single-family housing.” So they want to change zoning for single house subdivisions. That is so they will be able to lawfully take your single family homes that are found in subdivisions to tear them down and build multi=family housing. When they come to take our property, many will resort to fighting to protect their homes. I believe the violence occurring in this country now (antifa, BLM, etc,.) , combined with fighting for our property will result in a devastating civil war. The prediction that our country will fall from within will be proven true. God please help us.

    • I am so glad you mentioned the hate for President Trump and how it has affected people. And of course the President gets the blame for this hate. I’m sure everyone on this earth has someone who dislikes them or really hates them, and the ones hated have done nothing to deserve the hate. Hate comes from within people. People decide whether they want to hate or be willing to work to solve the problems in this nation. Hate won’t solve anything. There is a lot of hate in the leftest liberal sociocrats. They are the ones so full of hate that they are burning, looting and killing so many innocent people. Then the socialist VP nominee Kamala Harris raises money from her supporters to bail them out of jail, so they can continue their rampage. But it is all President Trump’s fault. I heard a good one last night, “If the President walked on water, they would say he couldn’t swim.” Which is true. He has done some very good things for this country, yet none of it is recognized. Now it appears the very thing they tried to impeach him for was a Clinton hit job, with the the then president, Obama knowing all about it. For this, I believe a prison sentence is in order for the amazing,, amazingly dishonest, lying, and cheating Mrs. Clinton. She is the one deserving of punishment.

      Why did Pelosi tell people to be there tomorrow, they were going to talk about the 25th, then say it wasn’t about Trump. Does she know that Biden can’t make it 4 years, that he has mental/medical issues, and she feels that there might be trouble removing him from office if the Sociocrats take the election. Has he had 2 brain aneurysms as reported by 2 very reliable sources? So if he can’t serve 4 years, Harris will take over and she is dangerous. Why? Because she is a socialist! Are you ready for this country to change. Are you ready to give up what you have to share with those who don’t work, those who in the country illegally? Are you ready for the problems that the Socialists countries have. There is no way I would vote for that ticket. And it’s not because of abortion. It’s because of their plans. Pack the Supreme Court. Free stuff for all, well maybe not for all, someone has to pay for it. If you are not afraid of these two taking office, you are not looking at all the facts. If you are, you don’t have much to have to give up, but if you have earned and made a good life for yourself, then you best be afraid of the plans of Harris, Bernie, and AOL (I know that’s not what she is called, it’s what I choose to call her), bartender who became a politician. What she learned, she learned from the drunks she served. I’m afraid of the ticket of Biden/Harris, and I’ll admit that. I’m afraid of what they will do to the Constitution and to the USA.

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