Questions for Supreme Court Nominee Miers
rtepker at ou.edu
Wed Oct 5 14:26:46 PDT 2005
In light of the terrible and unproductive questioning by senators in
past confirmation proceedings, I wonder if a different strategy might
work. Instead of "how would you rule . . ." questions, why not a focus
on knowledge, background and understandings. Questions like:
* Name three books on constitutional law and history that you've
read prior to 1 October. What did you think of them? Why?
* Name three law review articles - you read prior to 1 Oct -- that
you find to be most influential in your view of judicial function and
* Name three law review articles on constitutional issues - read
prior to Oct 1 - that you find to be most objectionable and
* Define "strict construction." Please give an example.
* How would a strict constructionist decide Dred Scott?
Korematsu? Dennis? Brown? Loving? Gitlow? Meyer? Pierce?
* Can you provide an example of legislating from the bench?
* Can any incorporation of elements of the Bill of Rights be
compatible with "strict construction"?
Of course, follow-ups would be critical. Roberts would hit those
questions out the park. I'm not sure what she'd do.
Calvert Chair of Law and Liberty
& Professor of Law
University of Oklahoma
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