I don't believe that that is founded in the Constitution. I think the American people do not. And they are asking some real questions of us. That's an overreach, in my opinion.
ALITO: I agree that overreaching by the courts can undermine respect for law. Nobody elects us. Our job is to interpret the Constitution, it has a meaning, and you apply it to the situations that come up.
SESSIONS: I feel that the court on some very important issues is exceeding its authority. People are calling on me and those of us in Congress to do something about it.
ALITO: I think your policy views are much more legitimate than the policy views of the judiciary because members of Congress are elected for the purpose of formulating and implementing public policy and members of the judiciary are appointed for the purpose of interpreting and applying the law.
ALITO: Kelo involves the power to take property for public use through eminent domain. What occurred in that case was the taking of the homes of people of modest means for the purpose of building a large commercial facility that was thought by the city to be beneficial to the economic welfare of the city. People live in homes and they have a sentimental attachment to them. The neighborhood means something to them. And taking their home away and giving them money in return, even if they get fair market value for the home, is still an enormous loss for people.
SESSIONS: The Constitution said you could take property for public use. The court felt that was too restrictive, basically, and a majority just changed it to say you could take property for a public purpose, which includes some private redevelopment. See, that's not founded in the Constitution. That's an overreach, in my opinion.
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The above quotations are from Samuel Alito, Senate confirmation hearings for his Supreme Court nomination, January 2006 (plus commentary).
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