To consider judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.— Thomas Jefferson
Delighting Judicial quotations
So the danger of conservative judicial activism has been averted for another year. Stay tuned.
The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left.
Our Parliamentary system has simply failed to meet the challenge of judicial activism.
Historically, the judicial branch has often been the sole protector of the rights of minority groups against the will of the popular majority.
It wouldn't be fair to say that conservatives cherish property the way liberals cherish equality. But it would be fair to say that the takings clause is the conservatives' recipe for judicial activism just as they say liberals have misused the equal protection clause.
Of course, conservatives always claim to be against judicial activism.
. . . [The Judicial Branch] may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
I'll refrain from making any more comments on any ongoing people involved in the judicial process.
Amnesty International continues to report that extra judicial tortures and murders continue. This is not democracy that we are exporting to Mexico, and this is certainly not what the Mexican workers signed up for.
Liberals attempt through judicial activism what they cannot win at the ballot box.
The life of the law has not been logic; it has been experience.
It is emphatically the province and duty of the Judicial Department to say what the law is.
Power is the great evil with which we are contending.
We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny.
If an offender has committed murder, he must die.
In this case, no possible substitute can satisfy justice. For there is no parallel between death and even the most miserable life, so that there is no equality of crime and retribution unless the perpetrator is judicially put to death.
Most people hew the battlements of life from compromise, erecting their impregnable keeps from judicious submissions, fabricating their philosophical drawbridges from emotional retractions and scalding marauders in the boiling oil of sour grapes.
The fundamental problem is that there's no credibility in the judicial system, which is a system that's been completely politicized. This is retaliation and selective repression.
A judicious silence is always better than truth spoken without charity.
The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, alterable when the legislature shall please to alter it. It is emphatically the province and duty of the judicial department to say what the law is. This is the very essence of judicial duty.
The advice of friends must be received with a judicious reserve;
we must not give ourselves up to it and follow it blindly, whether right or wrong.
The only attitude (the only politics--judicial, medical, pedagogical and so forth) I would absolutely condemn is one which, directly or indirectly, cuts off the possibility of an essentially interminable questioning, that is, an effective and thus transforming questioning.
Judicial abuse occurs when judges substitute their own political views for the law.
The effect of sailing is produced by a judicious arrangement of the sails to the direction of the wind.
Refrain from reckless and thoughtless actions. Be as calm and judicious as a mountain.
Originality is nothing but judicious plagiarism.
A woman cannot be herself in the society of the present day, which is an exclusively masculine society, with laws framed by men and with a judicial system that judges feminine conduct from a masculine point of view.
Depend upon yourself. Make your judgement trustworthy by trusting it. You can develop good judgement as you do the muscles of your body - by judicious, daily exercise. To be known as a man of sound judgement will be much in your favor.
Nothing like a little judicious levity.
It would be judicious to act with magnanimity towards a prostrate foe.
It is emphatically the province and duty of the judicial department to say what the law is...If two laws conflict with each other, the courts must decide on the operation of each...This is of the very essence of judicial duty.
True heroism is minutes, hours, weeks, year upon year of the quiet, precise, judicious exercise of probity and care—with no one there to see or cheer. This is the world.
If there is a nuclear tactic being used here, I submit it is the use of that obstruction where a willful minority blocks a bipartisan majority from voting on the President's judicial nominees.
When justices seize authority from the other branches of the federal government, as well as state and local governments, under the rubric of judicial review, that’s tyranny.
There are some issues that are not in control of the government.
Two of those issues are human rights and personal freedoms are in the domain of Iran's conservative judicial system.
Judicial review has been a part of our democracy in this constitutional government for over 200 years.