John Ensign, United States Senator, Nevada

Senator Ensign respects the Constitution and strongly believes in the balance of powers between the executive, legislative, and judicial branches of government. Within the framework of the Constitution, the Founding Fathers established a judicial system that would strictly interpret the Constitution, honor the role of the legislative and executive branches, and protect the rights of individuals.

Judicial Activism
Unfortunately, in recent years the courts have issued many decisions that infringe on the powers of the branches of government that are closest to the people, the elected branches of government, and thereby usurped the ability of these elected branches to represent the American people. For example, a decision by the Ninth Circuit Court of Appeals prohibited schoolchildren from voluntarily reciting the Pledge of Allegiance because it includes the phrase “under God.” In doing so, the court has effectively legislated from the bench, thereby ignoring the will of the people, acts of Congress, and the President without regard to the plain meaning of the Constitution.

It is clearly not the role of the judiciary to act in this manner, and the courts’ willingness to engage in these kinds of activities threatens the balance of powers contained in the Constitution. Rather than upholding their oaths to apply the Constitution and the laws of our land, these judges are making laws—a job that belongs to those elected to the legislative branch. This has created serious problems. As a result, Congress must take steps to preserve the delicate balance of powers in our system of government. Senator Ensign has supported the President’s judicial nominees because they have a proven track record of fairness, modesty, and judicial restraint.

Private Property Rights
Senator Ensign also believes that property rights are a fundamental right in America. He introduced the Private Property Rights Protection Act, the most significant property rights bill in Congress, in response to a decision by the United States Supreme Court in Kelo v. City of New London, Connecticut. This case wrongly expanded eminent domain to allow the government to take people’s private homes for private commercial development. Senator Ensign’s legislation would deny federal funds to state and local governments if they seize private property for economic development or to give it to another private party. The bill also denies tax benefits to private parties that acquire wrongfully condemned property, thereby removing the economic incentive to acquire such land.

Ninth Circuit Split
In order to bring more efficient justice to Nevadans and residents in the Western United States, Senator Ensign has also taken the lead on legislation to split the Ninth Circuit Court of Appeals. The Ninth Circuit encompasses nearly 20 percent of the country’s population and nine states, including Nevada, and is the largest and slowest of all the federal circuit courts. This court recently had more cases pending for more than one year than all the other circuits combined. Growth trends show that it will only become more overwhelmed. Additionally, its rulings are overturned by the U.S. Supreme Court more than any other circuit court. Senator Ensign believes that some of the court’s rulings are out of touch with the views and values of the people of Nevada and that the people of Nevada would be better served under the jurisdiction of another court.

With this in mind, Senator Ensign introduced the Circuit Court of Appeals Restructuring and Modernization Act of 2007. This legislation would remove Nevada from the jurisdiction of the Ninth Circuit Court of Appeals by transforming the current Ninth Circuit into three smaller circuits. This bill would leave California, Hawaii, Guam, and the Northern Marianas Islands under the Ninth Circuit. The bill would also create a new Twelfth Circuit Court encompassing Nevada, Arizona, Idaho, and Montana and a new Thirteenth Circuit Court containing Alaska, Oregon, and Washington. The new Twelfth Circuit Court would be based in Las Vegas.

 

 

 

 

 

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