How does a Conservative Judge Look?

What distinguishes a conservative judge from a liberal judge? What positions on the law are conservatives looking for in judges nominated by the president? Here are some of them:

Respect for separation of powers. The Founding Fathers made Congress by far the most powerful branch of government, and intended the Supreme Court to be weak in comparison. Members of Congress, of course, are elected by the people, and directly accountable to them. Federal judges, by contrast, are given life-time appointments, are very rarely removed from office, and therefore are not accountable to the people. When Congress makes laws we do not like, we can remove the objectionable members at the next election; we cannot do so to renegade Supreme Court justices who legislate from the bench. A conservative judge does not impose his will over the will of a popularly elected official.

Respect for community vs. rights. We live in a community called the United States, and our laws reflect how we should live in this community. A focus on rights divides the community into separate individuals. Although rights (like the due process rights of criminals) must be respected, they must also be balanced against the needs of the community.

Respect for tradition. Conservatives generally respect history and tradition, the unique elements of our past that set us Americans apart as a people. Conservative judges, similarly, respect the rule of law and the traditions of the American people. A conservative judge, therefore, will differ from a liberal judge on the merits of a case decided last month by the U.S. Supreme Court which found unconstitutional a display of the Ten Commandments, which was one of 11 equally framed displays (the Bill of Rights, the Magna Charta, and the Declaration of Independence were others).

Respect for the U.S. Constitution as written and originally interpreted. Coupled with a respect for tradition, history, and separation of powers, conservative judges respect the intent of the Founding Fathers, who set up a national government with limited powers and a procedure to expand those powers as society changed. Conservatives believe that if the Constitution must be changed to reflect societal change, the proper way to do it is not by an "edict" issued by five members of a Supreme Court unaccountable to the people, but by a supermajority of Congress and then ratification by the supermajority of state legislatures, all of whom are accountable to the people. The Founders wanted a near consensus from both state and federal elected officials before the Constitution could be changed, not a 5-4 decision by judges unaccountable to the people.

Respect for federalism. Conservatives prefer state and local government over the national government, on the premise that different communities have different problems (roads in one community, and crime in another, for example). Similarly, conservative judges are more deferential to state legislators, and more willing to rule unconstitutional federal legislation which imposes additional restrictions on the states.

Respect for national vs. international law. Consistent with a respect for community and tradition, conservatives have greater respect for the precedents of the United States than of foreign lands, since foreigners have different perspectives and traditions than we do.

Respect for ordered liberty vs. equality. Conservatives recognize that individuals have different talents and ambitions, and that the greatest engine for a successful nation is liberty. Conservatives also recognize that to achieve equality, force of some kind is necessary (typically government redistributing wealth). Equality is achieved, in part, through a loss of liberty. Conservatives, however, do not value liberty which permits licentiousness, but rather an ordered liberty which permits freedom in the context of community values. Conservative judges respect these values founded on tradition and history, and will respect them when challenged by claims of individual rights.

For conservatives, the penultimate question to ask every candidate for judicial office is what the candidate will do to protect the ordered liberty for future generations.