Drew Hamlin

Throughout the nomination process of Harriet Miers, President Bush has strongly defended his Supreme Court nominee and maintained that, should she be confirmed as a Justice, she would strictly apply the rules of Constitution to her decisions. While this statement sounds noble and patriotic, it is political smoke and mirrors. Rather, "let us hope she does nothing of the sort." For Harriet Miers to be an effective Justice, she must interpret the law objectively and, while upholding the intensions of the Constitution, make sensitive and rational decisions that will almost unfailingly fall outside the realm of the Constitution's defined scope.

The problem with the "strict application" approach lies in the very nature of the Supreme Court's existence. If the Constitution proved to be the definitive answer to every dispute, indeed, the Supreme Court would not be necessary. It is the Court's job to interpret the law and, in doing so, read between the lines and into the shadows to understand the spirit of the Constitution. As the Great John Marshall said in Marbury v. Madison, "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule." The Supreme Court must use its best judgment to determine cases that are multi-faceted and not be clearly funneled into one simple solution by the Constitution. It must collectively decide, delicately and precisely, what is the correct direction based on many complex factors, keeping a careful eye to the future while also paying emphatic attention to the past. Far from a straightforward application of law, the Supreme Court must craft its decisions based on a seemingly-oxymoronic criteria of judgment: Justices must rule based on precedent-but not without re-evaluating previous judgment, they must keep in mind what the Founding Fathers intended-but take drastic world changes into account, they must not let society influence their decision-but should think about the full impact of a ruling, and they must take current perspective into mind-but at all costs avoid a "living Constitution." In essence, the job of a Supreme Court justice is a careful tightrope act that must maintain extreme concentration under the guise of a deliberate and graceful process.

Miers is not the first to struggle with the Justice's job description. Society sets a high expectation for the Supreme Court and with today's highly charged political climate, the bar is raised even higher. If confirmed, Miers could be a key vote on many cases with political ties, adding further to her responsibility as a Justice. She must promise to rule objectively and in a nonpartisan fashion, while at the same time taking into account morals of society and potentially personal morals that may include morals of her party. She must approach sensitive and highly pertinent issues such as the "right to privacy" discussed in Griswold v. Connecticut and Roe v. Wade with an open mind and without previous reservation and yet must ultimately reach conclusion through reasoned opinion. She must apply moral judgment and hold society accountable for wrongdoing while being careful to set aside her moral approach and feelings for the extent of the law. Like those justices before her, she must approach each decision on a case-by-case rationale and never settle for a second-rate decision or a case where the ends justify the means. She must apply the law fairly and equally without reservation, prejudice, or alternative motive and she must listen carefully to alternative argument yet be definitive with her ultimate decision.

The responsibility of a Supreme Court Justice is among the most important in our nation. Although not legislators, these powerful leaders often shape and define the direction of the country through interpretation. Where the Constitution does not elaborate, it is the job of the Justice to dictate consistency in its place. And while strict application of the Constitution is almost certainly impossible, their mandate is to do exactly that. It is this balancing act that makes the job so exceptional.