"Clearly, there are limits on the Executive power. There are limits on the Commander-in-Chief power. Youngstown Sheet and Tube tells us that. That was a case where the President issued an Executive Order to seize steel mills, cited exigent circumstances related to the Korean War. The Supreme Court stepped forward and said no, you can't do that. That is a clear example of courts doing, I think, what the Senator described. How does a court go about that? I think that certainly as a court of appeals judge, you start with the Constitution itself. You go to Supreme Court precedent, which is obviously binding on any court of appeals. You look to the prior precedents of one's own circuit, which would be binding as well. The decisionmaking can also be informed by precedents from other circuits. I think you look at those things, and you try to reach a lawful result, which is precisely that and which is not a result which is driven by passion or considerations of the moment. That is why judges have life tenure."
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Confirmation of Raymond Kethledge (May 7, 2008)
https://en.wikiquote.org/wiki/Raymond_Kethledge
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Raymond Kethledge
Raymond Michael Kethledge (born December 11, 1966) is a United States Circuit Judge of the United States Court of Appeals for the Sixth Circuit. He was appointed by President George W. Bush in 2008.
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