Sept. 14 (Bloomberg) -- U.S. Supreme Court nominee John Roberts, treading a line between candor and caution, gave a Senate panel hints about his views on government seizure of private property, civil rights and the death penalty.

Roberts, undergoing a second day of questions on his nomination to be chief justice, said lawmakers could limit ``eminent domain'' property seizures, blunting the impact of a June Supreme Court ruling. He said he would consider the ``real- world'' impact of affirmative action and suggested agreement with a high court decision limiting death row appeals.

His answers drew praise from Republicans, including the moderate Senate Judiciary Committee Chairman Arlen Specter of Pennsylvania. Democrats offered muted criticism, hailing his skills as a witness even while voicing frustration at his refusal to give detailed responses on abortion, assisted suicide and other social issues.

``Life would be a lot easier if he would be more forthcoming,'' Senator Patrick Leahy of Vermont, the panel's senior Democrat, told reporters in Washington.

Still, Roberts shed new light on how he would approach a number of issues, including property rights. He refused to join Republican criticism of a Supreme Court ruling in June that said the Constitution doesn't bar takeovers of property to make way for shopping malls and office parks. Roberts said the justices put the ``ball in the court'' of state and federal legislatures.

``The court was not saying you have to have this power, you have to exercise this power,'' Roberts said. ``What the court was saying is, there is this power and then it's up to the legislature to determine whether it wants that to be available.''

Death Penalty

Roberts signaled he may support limits on death penalty challenges. Asked by Leahy whether the Constitution allows executions of innocent people, Roberts reframed the question, pointing to a 1993 Supreme Court decision.

``The question is never do you allow the execution of an innocent person,'' Roberts said. ``The question is do you allow particular claimants to raise different claims, fourth or fifth or sixth time, to say at the last minute that somebody who just died was actually the person who committed the murder and let's have a new trial?''

On civil rights, Roberts agreed on a pair of issues with Massachusetts Democrat Edward Kennedy. Roberts said he had no reason to question the constitutionality of a Voting Rights Act provision that relied on a legal approach Roberts criticized as an attorney in the Reagan administration in the 1980s.

Roberts also said the Supreme Court properly considered the impact of affirmative action in 2003 when it upheld a race- conscious admissions program at the University of Michigan Law School. Justice Sandra Day O'Connor's majority opinion in that case said affirmative action had helped the military achieve a racially diverse officer corps.

Equal Protection

``You do need to look at the real world impact in this area and I think in other areas as well,'' Roberts said.

In comments that may distinguish him from conservative Justices Antonin Scalia and Clarence Thomas, Roberts said he wouldn't always restrict constitutional rights based on the intent of the framers. He said the Constitution's equal protection clause should apply to a number of circumstances that weren't envisioned when the 14th Amendment was enacted in 1868.

``The framers chose broad terms of broad applicability and they state a broad principle,'' he said.

Roberts is a strong favorite to win confirmation in the Senate, where Republicans occupy 55 of the 100 seats. Republican Senator Orrin Hatch today called Roberts the most impressive Supreme Court nominee he's considered in his 29 years in the Senate.

Candor Debated

``If people can't vote for you, then I doubt that they can vote for any Republican nominee,'' Hatch told Roberts.

Specter told reporters that Roberts was ``very candid'' in saying yesterday and today that the Constitution includes a right to privacy. Specter, who supports abortion rights, said that comment ``goes a substantial distance on one of the very tender issues in this whole matter, and that is a woman's right to choose.''

Senator Joseph Biden, a Democrat from Delaware, called Roberts ``one of the best witnesses'' to come before the committee in his 32 years in the Senate. Moments later, Biden said he was disappointed Roberts wouldn't say more about the constitutional right to privacy or respond to questions about end-of-life decisions.

``We're rolling the dice with you, Judge,'' Biden said.

More Cases

Roberts declined to comment on the Supreme Court's 2000 Bush v. Gore decision, which sealed George W. Bush's election as president.

He said he might support an increase in the Supreme Court's caseload, which has fallen from a high of about 150 cases a year two decades ago to about half that level now.

``I do think there's room for the court to take more cases,'' he said, though he said his views might change once he joins the court.

Roberts is the first of two high court nominations for Bush, who also will name a replacement for O'Connor, who is retiring. Roberts, who would be the third-youngest chief justice in U.S. history, would replace William Rehnquist, who died Sept. 3.

To contact the reporters on this story: Greg Stohr in Washington at gstohr@bloomberg.net; Robert Schmidt in Washington at rschmidt5@bloomberg.net.

Last Updated: September 14, 2005 14:29 EDT