# Questions for John (Roberts, candidate for Supreme Court Justice)

**URL:** <https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115>\
**Category:** Great Debates\
**Created:** [July 25, 2005, 9:22pm UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115 "2005-07-25T21:22:02Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![rwjefferson](https://avatars.discourse-cdn.com/v4/letter/r/a6a055/32.png) [@rwjefferson](https://boards.straightdope.com/u/rwjefferson)\
**Post date:** [July 26, 2005, 1:16am UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/21 "2005-07-26T01:16:09Z")

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> [@Stratocaster](#):
>
> I prefer the imperfect application of the law to the vagaries of an individual’s notion of justice. I can understand the law and protect myself within its boundaries, whatever form it takes. I am in a greater jeopardy if I am protected only by some one else’s sense of justice.

Unfortunately, history and current events prove you wrong. Please give me a case where a judge securing your right of pursuit puts you in jeopardy.

r~

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**Author:** ![rwjefferson](https://avatars.discourse-cdn.com/v4/letter/r/a6a055/32.png) [@rwjefferson](https://boards.straightdope.com/u/rwjefferson)\
**Post date:** [July 26, 2005, 1:22am UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/22 "2005-07-26T01:22:07Z")

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> [@andros](#):
>
> Why do you believe that Justice is an attainable perfection?

I only believe that this is the way to seek Justice. I cannot understand how this could be so clear to bf, tj, gw et al, and yet so foreign to this generation.

r~

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**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\
**Post date:** [July 26, 2005, 1:25am UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/23 "2005-07-26T01:25:31Z")

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**rwjefferson** , it may be just me here and I am not trying to be insulting but I haven’t the slighest clue what you are talking about or wish to debate. Can you expand and specify what it is that you do wish to debate?

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**Author:** ![rwjefferson](https://avatars.discourse-cdn.com/v4/letter/r/a6a055/32.png) [@rwjefferson](https://boards.straightdope.com/u/rwjefferson)\
**Post date:** [July 26, 2005, 2:38am UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/24 "2005-07-26T02:38:25Z")

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> [@treis](#):
>
> **rwjefferson** , it may be just me here and I am not trying to be insulting but I haven’t the slighest clue what you are talking about or wish to debate. Can you expand and specify what it is that you do wish to debate?

Humor me. Start by answering my first four questions.

I would wish there would be no debate. The thread shows otherwise.

rwj

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [July 26, 2005, 3:31am UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/25 "2005-07-26T03:31:25Z")

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> [@rwjefferson](#):
>
> No tricks. If you were a judge, would you dispense Law or Justice? It seems to me we have an overabundance of laws and lawyers. I seek justice.

Law. If I thought the law was incompatible with justice, I would resign. If I thought the law, as a whole, was really, really, REALLY at odds with justice, I’d consider taking up arms and joining the resistance.

What’s the next question?

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**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\
**Post date:** [July 26, 2005, 3:32am UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/26 "2005-07-26T03:32:37Z")

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> [@rwjefferson](#):
>
> Humor me. Start by answering my first four questions.
> 
> I would wish there would be no debate. The thread shows otherwise.
> 
> rwj

What 4 questions? Please go in depth with your explanation.

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**Author:** ![rwjefferson](https://avatars.discourse-cdn.com/v4/letter/r/a6a055/32.png) [@rwjefferson](https://boards.straightdope.com/u/rwjefferson)\
**Post date:** [July 26, 2005, 11:52am UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/27 "2005-07-26T11:52:47Z")

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> [@John Mace](#):
>
> Law. If I thought the law was incompatible with justice, I would resign. If I thought the law, as a whole, was really, really, REALLY at odds with justice, I’d consider taking up arms and joining the resistance. What’s the next question?

May I assume then that you see the Judiciary as the rubber stamp of law as opposed to an independent branch?

rwj

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**Author:** ![rwjefferson](https://avatars.discourse-cdn.com/v4/letter/r/a6a055/32.png) [@rwjefferson](https://boards.straightdope.com/u/rwjefferson)\
**Post date:** [July 26, 2005, 12:10pm UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/28 "2005-07-26T12:10:08Z")

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> [@rwjefferson](#):
>
> Do you hold it to be a self-evident truth, that all are endowed with the Rights of Life, Liberty & Pursuit?  
> If you are called to judge, will you do your best to secure these rights for each?  
> If not, why not?  
> If you were on trial, would you wish your judge answer to Justice or Law?

These answers are self-evident (obvious) to me. It is the signing of these truths that I celebrate the 4th of July.  
I wish to understand why American’s do not hold America to her promise.  
If you please, I am looking for answers.  
rwj

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [July 26, 2005, 12:14pm UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/29 "2005-07-26T12:14:00Z")

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> [@rwjefferson](#):
>
> Humor me. Start by answering my first four questions.

On all other nights, we may eat _chametz_ and _matzah_; on this night, only _matzah_.  
On all other nights, we eat many vegetables; on this night, _maror_.  
On all other nights, we do not dip even once; on this night, twice.  
On all other nights, we eat either sitting or reclining; on this night, we all recline.

Oh, wait. Sorry.

Wrong four questions.

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<div class="post-metadata">

**Author:** ![rwjefferson](https://avatars.discourse-cdn.com/v4/letter/r/a6a055/32.png) [@rwjefferson](https://boards.straightdope.com/u/rwjefferson)\
**Post date:** [July 26, 2005, 12:32pm UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/30 "2005-07-26T12:32:57Z")

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**Bricker** : Maybe you did just answer my questions. I have the strong feeling that most people just don’t have a clue. 😉  
rwj

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**Author:** ![Rufus\_Xavier](https://avatars.discourse-cdn.com/v4/letter/r/eada6e/32.png) [@Rufus\_Xavier](https://boards.straightdope.com/u/Rufus_Xavier)\
**Post date:** [July 26, 2005, 1:19pm UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/31 "2005-07-26T13:19:49Z")

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When I first read the OP, I looked up to the name of the poster, sure I would see the word “guest” underneath.

Well, I’ll do my best to answer the questions.

> [@rwjefferson](#):
>
> Do you hold it to be a self-evident truth, that all are endowed with the Rights of Life, Liberty & Pursuit?

yep.

> [@rwjefferson](#):
>
> If you are called to judge, will you do your best to secure these rights for each?

yep.

> [@rwjefferson](#):
>
> If not, why not?

Not Applicable

> [@rwjefferson](#):
>
> If you were being tried, would you want your judge to answer to Justice or Law?

This one’s a little tougher, but I guess my answer would be:  
I would want my judge to find the justice in the law and rule based on that understanding.  
.

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**Author:** ![astorian](https://avatars.discourse-cdn.com/v4/letter/a/ad7895/32.png) [@astorian](https://boards.straightdope.com/u/astorian)\
**Post date:** [July 26, 2005, 1:34pm UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/32 "2005-07-26T13:34:43Z")

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> [@rwjefferson](#):
>
> Do you hold it to be a self-evident truth, that all are endowed with the Rights of Life, Liberty & Pursuit?
> 
> If you are called to judge, will you do your best to secure these rights for each?
> 
> If not, why not?
> 
> Peace  
> Only Through Liberty
> 
> rwjefferson

I’ll overlook the awkward construction of your sentence.

EVERY judge would tell you he believes in the right to life, liberty and the pursuit of happiness.

William Rehnquist believes in it. William Brennan believed in it. Does that alone tell us anything about how either would vote? Nope, not a damn thing.

So, even if John Roberts answered you question in the affirmative (and what idiot would say “No, I don’t believe in those things?”), that wouldn’t tell you anything useful.

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<div class="post-metadata">

**Author:** ![rwjefferson](https://avatars.discourse-cdn.com/v4/letter/r/a6a055/32.png) [@rwjefferson](https://boards.straightdope.com/u/rwjefferson)\
**Post date:** [July 26, 2005, 1:49pm UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/33 "2005-07-26T13:49:36Z")

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> [@Rufus Xavier](#):
>
> This one’s a little tougher, but I guess my answer would be:  
> I would want my judge to find the justice in the law and rule based on that understanding.

Congratulations, you are the first to answer in the affirmative. Please define “that understanding”. I am defining Justice as the balance of self-evident rights; guided, but not bound to a law that violates those rights.

rwj

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**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\
**Post date:** [July 26, 2005, 1:53pm UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/34 "2005-07-26T13:53:16Z")

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As Lincoln said about liberty:

> [@](#):
>
> The world has never had a good definition of the word liberty, and the American people, just now, are much in want of one. We all declare for liberty; but in using the same word we do not all mean the same thing. With some the word liberty may mean for each man to do as he pleases with himself, and the product of his labor; while with others the same word may mean for some men to do as they please with other men, and the product of other men’s labor. Here are two, not only different, but incompatible things, called by the same name—liberty. And it follows that each of the things is, by the respective parties, called by two different and incompatible names—liberty and tyranny.

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<div class="post-metadata">

**Author:** ![rwjefferson](https://avatars.discourse-cdn.com/v4/letter/r/a6a055/32.png) [@rwjefferson](https://boards.straightdope.com/u/rwjefferson)\
**Post date:** [July 26, 2005, 2:12pm UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/35 "2005-07-26T14:12:30Z")

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> [@astorian](#):
>
> EVERY judge would tell you he believes in the right to life, liberty and the pursuit of happiness.

Please help me with the wording of the question. How would you ask?

The more important question is the second one: If you are called to judge, will you do your best to secure these rights for each?

Maybe someone can help me with the cites, I have recent memory of Judges feeling bound by the law, even though they felt it unjust.

> [@](#):
>
> Does that alone tell us anything about how either would vote? Nope, not a damn thing.

The second question certainly gives us indication.

> [@](#):
>
> … what idiot would say "No, I don’t believe in those things?

[joke]To find out, just review the responses. :)[/joke]

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<div class="post-metadata">

**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [July 26, 2005, 2:18pm UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/36 "2005-07-26T14:18:57Z")

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> [@rwjefferson](#):
>
> May I assume then that you see the Judiciary as the rubber stamp of law as opposed to an independent branch?

No, the executive branch is the one which rubber stamps the law. 🙂

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<div class="post-metadata">

**Author:** ![rwjefferson](https://avatars.discourse-cdn.com/v4/letter/r/a6a055/32.png) [@rwjefferson](https://boards.straightdope.com/u/rwjefferson)\
**Post date:** [July 26, 2005, 2:24pm UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/37 "2005-07-26T14:24:24Z")

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As Lincoln said about liberty:

> [@](#):
>
> And it follows that each of the things is, by the respective parties, called by two different and incompatible names—liberty and tyranny.

Doublespeak can only hide; it cannot change the truth. Calling tyranny by the name of liberty does not make it liberty. Only tyrants would overlook the word “all”.

rwj

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**Author:** ![Rufus\_Xavier](https://avatars.discourse-cdn.com/v4/letter/r/eada6e/32.png) [@Rufus\_Xavier](https://boards.straightdope.com/u/Rufus_Xavier)\
**Post date:** [July 26, 2005, 3:16pm UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/38 "2005-07-26T15:16:37Z")

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> [@rwjefferson](#):
>
> Congratulations, you are the first to answer in the affirmative. Please define “that understanding”. I am defining Justice as the balance of self-evident rights; guided, but not bound to a law that violates those rights.
> 
> rwj

I think it might have helped this discussion if you had revealed your definition of justice at the beginning. It seems to me that you didn’t want a discussion but were simply trying to lead the people of this message board somewhere and you did not want to reveal your intentions.

You say “congratulations,” so I assume you think I got close to the place you are trying to lead us.

Let me elaborate my sentence. By “that understanding,” I mean the judge’s understanding of what justice is. I don’t have a problem with each judge having a slightly different interpretation of the meaning of the word. I can only hope that they each can come as close to a perfect ideal as humanly possible.

I am not defining justice in my answer. I simply mean that, in this vague hypothetical, I would want my judge to carefully study the law as it applies in my specific case, and apply it as justly as humanly possible.

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<div class="post-metadata">

**Author:** ![rwjefferson](https://avatars.discourse-cdn.com/v4/letter/r/a6a055/32.png) [@rwjefferson](https://boards.straightdope.com/u/rwjefferson)\
**Post date:** [July 26, 2005, 3:32pm UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/39 "2005-07-26T15:32:10Z")

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**John** :  
This seems a contradiction to me:

“If you were a judge would you dispense Law or Justice.”  
“Law”.  
“May I assume then that you see the Judiciary as the rubber stamp of law as opposed to an independent branch?”  
“No.”

If the Judiciary does not rule on law, but dispense Justice, how is it independent?

Also, again please answer:  
Do you deny that the Constitution was instituted to secure these rights?

rwj

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<div class="post-metadata">

**Author:** ![rwjefferson](https://avatars.discourse-cdn.com/v4/letter/r/a6a055/32.png) [@rwjefferson](https://boards.straightdope.com/u/rwjefferson)\
**Post date:** [July 26, 2005, 3:53pm UTC](https://boards.straightdope.com/t/questions-for-john-roberts-candidate-for-supreme-court-justice/314115/40 "2005-07-26T15:53:17Z")

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> [@Rufus Xavier](#):
>
> I think it might have helped this discussion if you had revealed your definition of justice at the beginning.

Sorry, the definition of justice is clear to me: Conformity to truth. I have no ulterior motives. Are these truths self-evident, or are they not? Is not Justice found in seeking Liberty for all?

Justice cannot be found in an unjust law. The Judicial branch was instituted independently to protect us all from tyrants, especially those in government. We fail to recognize this only at great risk.

rwj

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