Questions for Supreme Court Nominee Miers

[Tepker, Rick]

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
"strict construction"? 
*	Name three law review articles on constitutional issues - read
prior to Oct 1 - that you find to be most objectionable and
unpersuasive? 
*	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.

 

 

Rick Tepker

Calvert Chair of Law and Liberty

  & Professor of Law

University of Oklahoma

Norman, Oklahoma

405.325.4832

__________________________

 

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