Alito Confirmation Hearings: on Homeland Security

Patrick Leahy: Bush thinks anti-torture statue doesn't apply to him

SEN. LEAHY: We passed the McCain-Warner statute against torture. The President didn't veto it. He signed it into law and then he wrote a signing statement basically saying that it will not apply to him or those acting under his orders if he doesn't want it to. Under a unitary theory of government, one could argue that he has an absolute right to ignore a law that the Congress has written. What kind of weight do you think should be given to signing statements?

ALITO: I don't see any connection between the concept of a unitary executive and the weight that should be given to signing statements in interpreting statutes. If a statute is not unconstitutional, then the statute is binding on the president and everyone else.

LEAHY: But does the president have unlimited power just to declare a statute--especially if it is a statute he had signed into law--unconstitutional, and that he's not going to follow it?

ALITO: It is emphatically the duty of the courts to say what is constitutional.

Source: Sam Alito Senate Confirmation Hearings Jan 11, 2006

Samuel Alito: President can be challenged for not following Congress' laws

LEAHY: But does the president have unlimited power just to declare a statute--especially if it is a statute he had signed into law--unconstitutional, and that he's not going to follow it?

ALITO: It is emphatically the duty of the courts to say what is constitutional.

Source: Sam Alito Senate Confirmation Hearings Jan 11, 2006

Samuel Alito: Government needs to justify domestic spying

[Regarding domestic spying], the government would have to come forward with its theory as to why the actions that were taken were lawful. If someone has been the subject of illegal law enforcement activities, they should have a day in court. That's what the courts are there for, to protect the rights of individuals against the government or anyone else who violates their rights. And they have to be absolutely independent and treat everybody equally. Source: Sam Alito Senate Confirmation Hearings Jan 10, 2006

Ted Kennedy: All-powerful executive branch is genuinely troubling

In an era when the White House is abusing power, is excusing and authorizing torture, and is spying on American citizens, I find Judge Alito's support for an all-powerful executive branch to be genuinely troubling. Under the presidents spying program, there are no checks and no balances. There is no outside review of the legality of this brazen infringement on the civil rights and liberties of the American people. Undeterred by the public outcry, the president vows to continue spying on American citizens.

Ultimately, the courts will make the final judgment whether the White House has gone too far. Independent and impartial judges must assess the proper balance between protecting our liberties and protecting our national security."

Source: Sam Alito Senate Confirmation Hearings Jan 9, 2006

The above quotations are from Samuel Alito, Senate confirmation hearings for his Supreme Court nomination, January 2006 (plus commentary). Click here for definitions & background information on Homeland Security. Click here for more quotes by Sam Alito on Homeland Security. Click here for more quotes by George W. Bush on Homeland Security.
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