Questions for Your Judicial Candidates from MCU

From Michigan Conservative Union: 

JUDICIAL CANDIDATE SURVEY

The following questions are intended to help voters understand your judicial philosophy and qualifications for service on the Bench. These questions are not directed at any particular case that you may have previously ruled upon, are about to rule upon, or may rule upon in the future. Please check your selection for each question. If none of the alternatives capture your thoughts, please state an alternative in the same vein. Results or failure to answer will be available to voters.

General Philosophy.

  • Which of the following groups of United States Supreme Court Justices possess a judicial philosophy that is closest to your own?

_____A. Late Justice Antonin Scalia and Justice Clarence Thomas

_____B. Justice Anthony M. Kennedy and retired Justice Sandra Day O’Connor

_____C. Justice David Souter and Justice John Paul Stevens

_____D. Justice Ruth Bader Ginsberg and Justice Stephen Breyer

  • Which book most closely captures your judicial philosophy?

_____A. A Matter of Interpretation, by Antonin Scalia

_____B. Rights from Wrongs, by Alan Dershowitz

_____C. Active Liberty, by Stephen Breyer

_____D. Feminist Legal Theory: Readings in Law and Gender, Katharine T. Bartlett and Roseanne Kennedy

  • Which statement most closely captures your judicial philosophy as it relates to matters of Constitutional interpretation?

_____A. Our State and Federal Constitutions should be interpreted by ascertaining the original meaning of the words that make up these documents.

_____B. Our State and Federal Constitutions should be interpreted by ascertaining the current meaning of the words that make up these documents.

_____C. Our State and Federal Constitutions provide general outlines of societal goals. The interpretation of our Constitutions can change over time to reflect the changing views of society. Constitutional interpretation should not be so stringent as to preclude the flexibility needed in a changing society.

_____D. A judge ought not commit to methods of constitutional interpretation before a case is heard. A judge should consider the arguments of the litigants and select a method of constitutional interpretation that produces a fair and equitable result in each case before the court.

  • Which do you believe most closely mirrors your understanding of how the founders set up the U.S. Constitution:

_____A. A republic where federal activities and powers are strictly limited to those specifically enumerated.

_____B. A democracy where the U. S. Constitution is a living document subject to change by Congress and by the Supreme Court.

  • Fundamental rights arise most closely from which of the following [list 1,2,3 priority for all you believe apply]:

     ____ God   ____the US/State Constitution  _____ the Legislature/Congress  _____ the Supreme Court.

  • In 50 words or less, on a separate sheet of paper, please describe your judicial philosophy as it relates to matters of statutory interpretation and judicial empathy. [Statements provided by judicial candidates will be posted on file at the respective web site. Please call for further information. _______________________________________________________________________]

10th Amendment

A state executive order can require that certain employees join a collective bargaining unit:

_____A. never

_____B. not without a federal constitutional amendment    

_____C. not without a state constitutional amendment  

_____D. whenever a legislature passes enabling legislation  

_____E. by executive order of the chief government officer.

  • A state school tuition voucher is permissible under the federal and/or state constitution:

_____A. never   

_____B. not without a federal constitutional amendment

_____C. not without a state constitutional provision    

_____D. whenever a legislature passes enabling legislation.

  • A state may enforce federal immigration laws absent a specific prohibition under federal law:

_____A. never   

______B. not without a federal or state constitutional amendment

____

____C. whenever a legislature passes enabling legislation.

_____ D. By Executive Order

  • A state may define whether marriage is between one man and one woman:

_____A. never

___B. not without a federal constitutional amendment .._____

___C. whenever a legislature passes such a state constitutional amendment.._

____D. whenever a legislature passes enabling legislation.

Citizen Rights/Property Rights:              

Which, if any in your view, does the Second Amendment permit [circle all that apply]:

Citizens to possess handguns in their own homes.

Citizens to possess a handgun in public provided they comply with applicable CCW permit.

Citizens are allowed to possess semi-automatic guns on their own property.

Citizens are allowed to possess rifles and shotguns in public view.         

The federal government can require that citizens be required to purchase health insurance:

_____A. never

_____B. not without a federal constitutional amendment  

 _____C. anytime the legislature passes enabling legislation.

The state government can limit how many dollars citizens may donate to candidates:

_____ A. never

_____B. not without a state constitutional amendment     

_____C. anytime the legislature passes enabling legislation.

The federal government can limit money donated from corporations to candidates:

_____A. never

_____B. not without a federal constitutional amendment     

_____C. anytime the legislature passes enabling legislation.

  • The government has Constitutional authority to take private property under which of the following:

_____A.  after a finding that the taking would be for a legitimate public use as strictly construed by courts.

_____B. for a public purpose as determined by a public body.  

 _____C. for a public purpose as defined by a judge

_____D. for a private development or to generate government revenue. 

Probate Candidate Supplement:  

  • Before removing a nominated trustee or personal representative or fiduciary designated in a will or trust, is it necessary to hold a full and fair evidentiary hearing on the issue of good faith, absent a conviction of fraud or theft? [____]  Yes    [____]  No
  • Relative to the above question: if so, when in the proceedings should this be done?  

[____]  at the first initiation of an adversary proceeding   [____ ] at the request of a party as scheduled by the court [____  at the completion of discovery 

  • Absent mediation by consent, should court ordered mediation abate until there is an evidentiary hearing on a  nominated fiduciary’s good faith?

 [____] Yes    [____]  No

NOTE: The Michigan Conservative Union is a 501(c)3 non profit entity and does not endorse candidates for election. We have surveyed the candidates as a service to our members. Available Responses are at www.mcu,today.

If you need further verification on a candidate’s stand on these or other issues, please contact the candidate directly. Suggestions are welcome to principle author Charles “Chip” Kleinbrook, an attorney in Highland, Mi. at  chip@chiplaw.info.

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