Feinstein’s Opening Statement
The Roberts hearings are starting today. Feinstein’s prepared remarks have been published. I don’t know yet if she has delivered them Sen. Feinstein’s prepared opening statement for Roberts hearing
In fact, over the past decade, the Rehnquist Court has weakened or invalidated more than three dozen federal statutes. Almost a third of these decisions were based on the Commerce Clause and the 14th Amendment. If Judge Roberts subscribes to the Rehnquist Court’s restrictive interpretation of Congress’ ability to legislate, the impact could be to severely restrict the ability of Congress to tackle nationwide issues that the American people have elected us to address.
But when Congress oversteps, the Court is there to check its power. That’s why it’s called “checks and balances”. Congress doesn’t have a blank check or unlimited scope in its authority, no matter what Senator Feinstein thinks.
By virtue of our history, and our sex, women have a perspective that has been recognized as unique and valuable. I try to represent and honor this through my role on the committee. With the absence of Justice Sandra Day OConnor, the Court loses the important perspective she brought as a woman - and the deciding vote in a number of critical cases.
One problem: Roberts has been named to replace Rehnquist, not O’Connor. O’Connor agreed to stay on until a replacement could be named.
In response, the Founding Fathers created a balance in the Constitution that provided for freedom of worship as well as for separation of church and state. In their efforts to protect against religious persecution, the framers established a secular government that would remain separate from religion.
They created a federal government that could not establish a religion. That’s why there is a prayer in the Court and Senate every day. There must be tolerance of religion in daily life, not separation from it.
