| Senator
Ensign respects the Constitution and strongly believes
in the balance of powers between the executive, legislative,
and judicial branches of government. Within the framework
of the Constitution, the Founding Fathers established
a judicial system that would strictly interpret the
Constitution, honor the role of the legislative and
executive branches, and protect the rights of individuals.
|
Judicial
Activism
 Unfortunately,
in recent years the courts have issued many decisions
that infringe on the powers of the branches of government
that are closest to the people, the elected branches
of government, and thereby usurped the ability of these
elected branches to represent the American people. For
example, a decision by the Ninth Circuit Court of Appeals
prohibited schoolchildren from voluntarily reciting
the Pledge of Allegiance because it includes the phrase
“under God.” In doing so, the court has
effectively legislated from the bench, thereby ignoring
the will of the people, acts of Congress, and the President
without regard to the plain meaning of the Constitution.
It is clearly not the role of the judiciary to act in
this manner, and the courts’ willingness to engage
in these kinds of activities threatens the balance of
powers contained in the Constitution. Rather than upholding
their oaths to apply the Constitution and the laws of
our land, these judges are making laws—a job that
belongs to those elected to the legislative branch.
This has created serious problems. As a result, Congress
must take steps to preserve the delicate balance of
powers in our system of government. Senator Ensign has
supported the President’s judicial nominees because
they have a proven track record of fairness, modesty,
and judicial restraint. |
Private
Property Rights
Senator Ensign also believes that property rights are
a fundamental right in America. He introduced the Private
Property Rights Protection Act, the most
significant property rights bill in Congress, in response
to a decision by the United States Supreme Court in
Kelo v. City of New London, Connecticut. This
case wrongly expanded eminent domain to allow the government
to take people’s private homes for private commercial
development. Senator Ensign’s legislation would
deny federal funds to state and local governments if
they seize private
property for economic development or to give it to another
private party. The bill also denies tax benefits to
private parties that acquire wrongfully condemned property,
thereby removing the economic incentive to acquire such
land. |
|
Ninth
Circuit Split
In order to bring more efficient justice to Nevadans
and residents in the Western United States, Senator
Ensign has also taken the lead on legislation to split
the Ninth Circuit Court of Appeals. The Ninth Circuit
encompasses nearly 20 percent of the country’s
population and nine  states,
including Nevada, and is the largest and slowest of
all the federal circuit courts. This court recently
had more cases pending for more than one year than all
the other circuits combined. Growth trends show that
it will only become more overwhelmed. Additionally,
its rulings are overturned by the U.S. Supreme Court
more than any other circuit court. Senator Ensign believes
that some of the court’s rulings are out of touch
with the views and values of the people of Nevada and
that the people of Nevada would be better served under
the jurisdiction of another court.
With
this in mind, Senator Ensign introduced the Circuit
Court of Appeals Restructuring and Modernization Act
of 2007. This legislation would remove Nevada from
the jurisdiction of the Ninth Circuit Court of Appeals
by transforming the current Ninth Circuit into three
smaller circuits. This bill would leave California,
Hawaii, Guam, and the Northern Marianas Islands under
the Ninth Circuit. The bill would also create a new
Twelfth Circuit Court encompassing Nevada, Arizona,
Idaho, and Montana and a new Thirteenth Circuit Court
containing Alaska, Oregon, and Washington. The new
Twelfth Circuit Court would be based in Las Vegas.
|
|
|
Speeches:
|
|
CHILD
CUSTODY PROTECTION ACT |
| January
25, 2006 |
|
THE
NOMINATION OF SAMUEL A. ALITO, JR., TO BE AN ASSOCIATE JUSTICE
OF THE SUPREME COURT OF THE UNITED STATES |
| September
29,2005 |
|
THE
NOMINATION OF JOHN ROBERTS FOR CHIEF JUSTICE OF THE SUPREME
COURT |
| September
15, 2005 |
|
SUPPORT
FOR PLEDGE OF ALLEGIANCE |
| June
23, 2005 |
|
INTRODUCING
THE NINTH CIRCUIT JUDGESHIP AND REORGANIZATION ACT OF 2005
|
|
Related
Articles:
| September
13, 2006 |
|
EDITORIAL:
PRISON WORKERS (Las Vegas Review-Journal) |
| July
26, 2006 |
|
U.S.
SENATE APPROVES ABORTION LEGISLATION (Reno Gazette Journal) |
| July
12, 2006 |
|
NINTH
CIRCUIT COURT NEEDS TO BE SPLIT UP (Twin Falls, Idaho, Times-News) |
| July
1, 2005 |
|
ENSIGN
JOINS CHORUS AGAINST RULING ON EMINENT DOMAIN (Las Vegas Review-Journal) |
|
|
