Sen. Orrin G. Hatch (R-Utah) accused activist judges of stealing away the voice of the people by making rulings that should be decided by American voters, in a speech Tuesday, March 21, 2006, at UVSC.

"Activist judges have changed the Constitution," said Hatch. "We don't have the right to govern ourselves if activist judges take that right away from us."

Hatch's accusation comes from the senator's recent struggle to amend the Constitution to make it illegal to burn the United States' flag.

"They are afraid to give people the right to vote on the flag issue because they know they [the voters] would ratify amending the Constitution," said Hatch. "The Constitution says we the people, not they the judges."

Hatch stressed the importance of the Constitution in balancing the branches of the U.S. government.

"The glue of the checks and balances is the Constitution," he said. "The constitution of we the people."

He cited the Johnson case of 1989, a case when the Supreme Court ruled that flag-burning is not illegal, as an example of the Supreme Court making an important decision that should have been made by the people.

Hatch reaffirmed his dedication to a flag burning amendment.

"This debate about flag burning is very controversial," said Hatch. "And I understand why it is, but it is very important. It is up for debate this June, and if it doesn't pass then I'm going to keep trying."

The senator quoted the movie Galaxy Quest, comparing his dedication to the line, "Never give up, never surrender."

Hatch gave examples of other Supreme Court decisions that should have been made by voters.

"Roe versus Wade should have been made by elected officials," said Hatch. "Because it wasn't, look at all the debate and problems we have now because of that mistake."

Hatch also said the Dred Scott case, a 1846 case that ruled slaves were property, was an example of the Supreme Court making an important decision without the voice of the people.

"And they were dead wrong," he said.

"There are too many Sith judges on the dark side who wave their gavels like light sabers," said Hatch, comparing Star Wars to the U.S. court system.

Hatch was asked if he considered Supreme Court Justice Sandra Day O'Connor to be an activist judge that have stolen away the voice of the people, but the senator said that he couldn't remember. He said he could not remember the names of any activists judges that had abused their power by making laws.

(For comments, e-mail Dylan Roberts at droberts@byu.net)

Copyright Brigham Young University 22 Mar 2006