Law students flocked to the Underwood Law Library Friday at noon, and not just for the free lunch. U.S. Attorney General Alberto Gonzales, who was in town this weekend to receive a distinguished alumni award, spoke to a lecture hall filled with students to discuss the responsibilities of the judicial branch and other topics related to law.
Although Gonzales initially emphasized that each of the three branches of government would affect law students’ lives, his speech focused primarily on the role of the judicial branch and the characteristics of good judges. According to Gonzales, judges need to understand their role in the government.
“I am concerned that some judges have lost sight of the goal of the judicial branch,” Gonzales said. “It is not the role of judicial branch to make policy.”
Gonzales said that judges could maintain the judiciary’s independence by making decisions based on neutral policies and respecting precedent. He also believes that the Constitution wasn’t intended to address every legal and policy issue, and that by making certain issues constitutional, decisions are then taken out of the hands of the people.
“I’m concerned about judges who think they see a constitutional solution to every societal ill,” Gonzales said.
During a question-and-answer session, Gonzales spoke extensively about the USA Patriot Act. The Patriot Act, passed after the attacks of Sept. 11, gave law enforcement more authority to fight terrorism.
“Shortly after the attacks of 9/11, we were looking for additional tools to protect the country,” Gonzales said. “The Patriot Act has been extremely helpful in allowing the U.S. government [to] collect information about threats to the government.”
Although the Foreign Intelligence Surveillance Act of 1978 (FISA) prescribes the procedures for requesting judicial authorization for electronic surveillance and physical searches of those who are engaged in espionage, the Bush administration decided that FISA wasn’t enough.
“I will say that we really believe FISA was not sufficient to get what we needed,” Gonzales said. “So we said let’s be creative, let’s make this happen.”
Gonzales also discussed how the Bush administration selects judges.
“The President and I think it’s so important to select judges based on their philosophy of the judiciary’s role,” Gonzales said. “We do not ask about political views, as they’re irrelevant.”
Gonzales said that he looks for judges with a general philosophy of restraint, “judges who respect the rule of law, respect the right of the legislature to frame the law,” he said.
According to Gonzales, the decision to put certain judges on the bench is the most important of the administration’s decisions.
“It’s the president’s most lasting legacy,” Gonzales said.
“The decisions the president makes today impact people around the country for years to come,” he added.
