Topic: A Strict Constructionist & the Reagan Era
Senator: Graham
Date: SEPTEMBER 13, 2005
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GRAHAM: I know people don't like being labeled, "Put me in that category." But I'm in a business where people label me all the time. But I ask for it, I run for office.
But we do tend in our business of politics to try to label people, particularly when we're talking about judges.
When the president introduced you to the United States, to the people of the United States, he said you were a strict constructionist. Do you know what he meant by that and why he chose to use those words?
ROBERTS: Well, I hope what he meant by that is somebody who is going to be faithful to the text of the Constitution, to the intent of those who drafted it, while appreciating that sometimes the phrases they used, they were drafting a Constitution for the ages, to secure the blessings of liberty for their posterity. They were looking ahead. And so they often used phrases that they intended to have...
(CROSSTALK)
GRAHAM: Does that term make you feel uncomfortable?
ROBERTS: No.
GRAHAM: Now, from a 30,000-foot view of things, it seems to be that we're going to have a referendum on the Reagan era here, which I welcome. I sort of enjoyed it, he won 49 states. He did pretty good.
You were part of the Reagan era as a young lawyer. When I use the word -- term -- Reagan revolution, what does it mean to you?
ROBERTS: Well, it means to me generally a change in attitude. President Reagan always presented an optimistic view. He always told us that the best days of our country were ahead of us. And he reasserted basic fundamental truths in areas like foreign relations. We are going to stand up to the Soviet Union. We're proud of our system of government. That's the right approach, not the Soviet approach. And people who have come of age after the Berlin Wall has fallen sometimes don't understand what it meant at that time.
GRAHAM: When it comes to the law, what does the term Reagan revolution mean to you?
ROBERTS: I think it means a belief that we should interpret the Constitution according to its terms; that judges don't shape policy; that judges interpret the law and that legislators shape policy; that the executive branch executes the law.
GRAHAM: Does it also mean that when you talk about affirmative action and you set up a quota system, that's not right?
ROBERTS: President Reagan's policy was opposed to quotas, which were much more rigid at the time.
People need to appreciate 24 years ago the idea of a quota was a rigid set-aside. We now have the recent Supreme Court decisions talking about consideration of particular factors as one factor in an affirmative action program.
President Reagan was in favor of affirmative action and he was opposed to quotas.
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