April 11, 2006 | By Nathaniel Ward

Survey: Conservatives support originalism

Conservatives continue their firm support for judges who uphold the Constitution as it is written and avoid legislating from the bench, according to a new survey undertaken by The Heritage Foundation.

The survey, conducted this past winter, found that those surveyed believed adherence to the Constitution as written is the single most important quality in judges, followed by respect for rule of law, character and experience. Only a small minority believes that judges should hold the "correct" political views.

According to the poll, conservatives also overwhelmingly oppose efforts to block the President's judicial nominees and oppose efforts by activist judges to impose new laws.

Survey results

1. Many judges now practice what's known as "judicial activism" - using their power to make law and impose liberal policies on taxpayers, rather than interpret the Constitution as written.  The Heritage Foundation supports the Founding Fathers’ concept of judges who respect the Constitution and the rule of law and do not exceed their bounds by creating new laws.  Which type of judge do you support?

1.0       Judicial activists who use their power to make law
98.0     Judges who respect the Constitution and will not legislate from the bench
1.0       Undecided/No Preference

2. Which qualities do you believe are most important in a federal or Supreme Court justice? (Note: total is more than 100% since respondents could select more than one answer.)

94.5                 Adherence to U.S. Constitution as written
88.0                 Respect for rule of law
64.5                 Personal character
60.5                 Experience
48.5                 Strong Religious faith
9.0                   Individual political views that match my own
1.5                   Other

3. The New York Times has said that President Bush is “representing the far right in the [judicial] nominating process,” and liberals in the Senate must “represent the rest of the country,” including mainstream citizens like you.  Whom do you believe best represents your priorities and concerns on the issue of America's courts?

4.5       Liberals in the Senate and news media
86.4     President Bush and conservatives in Congress
9.0       Undecided/No Preference

4. Many liberals believe President George W. Bush’s judicial nominees should be subjected to an ideological “litmus test” that automatically disqualifies nominees based on their personal political views.  Do you support or oppose the liberals' litmus tests?

5.2       I support the liberals’ ideological litmus tests that override a judge’s experience and ability.
86.5     I oppose litmus tests that disqualify judicial candidates based on their personal views.
8.3       Undecided/No Preference

5. Do you support liberals in Congress who are plotting a new round of parliamentary maneuvers and lengthy filibusters to block President Bush's judicial nominees?

4.5       Yes
90.5     No
5.0       Undecided/No Preference

6. One judge in Missouri ordered large tax increases to finance new public school programs he decided were necessary.  Despite a cost to taxpayers of $1.8 billion, the projects failed.  Do you believe judges should have the power to order tax increases?

0.0       Yes
98.0     No
2.0       Undecided/No Preference

7. The Ninth Circuit U.S. Court of Appeals ruled taxpayers like you should be required to fund government-sanctioned art even if it fails to meet the requirement of “decency and respect” for American values.  Should individual judges have the power to decide how your tax dollars are spent?

0.0       Yes
98.0     No
2.0       Undecided/No Preferences

8. In a widely reported ruling, the Ninth Circuit Court of Appeals also ruled that – because of the “offensive” words “under God” – it is unconstitutional to recite the Pledge of Allegiance in public schools.  Do you believe judges who impose intrusive restrictions on religious freedom are abusing their power?

96.0     Yes
3.0       No
1.0       Undecided/No Preference

9. A federal judge in San Francisco issued an injunction stopping the U.S. Navy from deploying its new high-volume, low-frequency active sonar – one of our best protections against enemy submarines – to protect marine mammals from “unfair harassment.”  Do you believe judges should have the power to put their political views above the security of our nation?

1.5       Yes
95.0     No
3.5       Undecided/No Preference

10. One U.S. District judge in New York joined forces with the ACLU to wipe out a key provision of the anti-terrorist Patriot Act.  Are you concerned that judges who take marching orders from the ACLU are jeopardizing the war against terrorism?

91.9     Yes
0.5       No
7.6       Undecided/No Preference

11. Liberals in the U.S. Senate have blocked confirmation hearings for dozens of President Bush’s nominees, using parliamentary schemes and outright roadblocks.  Should individual Senators have the power to block judicial nominees before they've even had a chance to be interviewed by the full Senate committee?

1.5       Yes
96.4     No
2.0       Undecided/No Preference

Nathaniel Ward is the Editor of MyHeritage.org—a website for members and supporters of The Heritage Foundation.