A Quote by Benjamin N. Cardozo
Lawsuits are rare and catastrophic experiences for the vast majority of men, and even when the catastrophe ensues, the controversy relates most often not to the law, but to the facts. In countless litigations, the law Is so clear that judges have no discretion.
Quote Topics
Quote Author
Related Quotes
I'm a common law judge. I believe in deciding every case on its facts, not on a legal philosophy. And I believe in deciding each case in the most limited way possible, because common law judges have a firm belief that the best development of the law is the one that lets society show you the next step, and that next step is in the new facts that each case presents.
The Judge does not make the law. It is people that make the law. Therefore if a law is unjust, and if the Judge judges according to the law, that is justice, even if it is not just.
Every man, and every body of men on earth, possesses the right of self-government. They receive it with their being from the hand of nature. Individuals exercise it by their single will; collections of men by that of their majority; for the law of the majority is the natural law of every society of men.
Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exericised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law.
In our system of government, the judicial and legislative branches have different roles. Judges are not politicians. Judges must decide cases, not champion causes. Judges must settle legal disputes, not pursue agendas. Judges must interpret and apply the law, not make the law.
My approach to deciding cases is I look at the law, I look at the facts, and I do my best to apply the law to the facts and make a decision based on the law and the facts.
The controversy between rule of law and rule of men was never relevant to women because, along with juveniles, imbeciles, and other classes of legal nonpersons, they had no access to law except through men.
I knew Arizona's SB 1070 would be controversial when I introduced it, but I did not expect the national immigration debate to revolve around a state law. While the anti-American open-borders Left attack me and the law as 'racist,' 'nativist' and their other empty smear words, the vast majority of the people of Arizona and America support the law.
Revealingly, the central function of the Constitution as law--the supreme law--was to impose limitations not on the behavior of ordinary citizens but on the federal government. The government, and those who ran it, were not placed outside the law, but expressly targeted by it. Indeed, the Bill of Rights is little more than a description of the lines that the most powerful political officials are barred from crossing, even if they have the power to do so and even when the majority of citizens might wish them to do so.
I wouldn't approach the issue of judging in the way the president does. Judges can't rely on what's in their heart. They don't determine the law. Congress makes the law. The job of a judge is to apply the law.
Newton's law is nothing but the statistics of gravitation, it has no power whatever.
Let us get rid of the idea of power from law altogether. Call law tabulation of facts, expression of facts, or what you will; anything rather than suppose that it either explains or compels.
There is one all-important law of human conduct. If we obey that law, we shall almost never get into trouble. In fact, that law, if obeyed, will bring us countless friends and constant happiness. But the very instant we break the law, we shall get into endless trouble. The law is this: Always make the other person feel important.
That's why we have appellate judges that are more than one judge because each of us, from our life experiences, will more easily see different perspectives argued by parties. But judges do consider all of the arguments of litigants. I have. Most of my opinions, if not all of them, explain to parties by the law requires what it does.
Illegal immigration is praised only by those who benefit directly from it, whether in the familial sense of inexpensive nannies, cooks, or gardeners; or in the corporate interest of cheap labor in the hospitality industries, agriculture, and construction; or in the political sense of new liberal constituents; or in the tribal sense of expanding the so-called La Raza base. But the vast majority of Americans accept that when federal law is ignored, chaos ensues.
I know that my race must change. We cannot hold our own with the white men as we are. We only ask an even chance to live as other men live. We ask to be recognized as men. We ask that the same law shall work alike on all men. If an Indian breaks the law, punish him by the law. If a white man breaks the law, punish him also.
When I began we did not really have a lot of First Amendment law. It is really surprising to think of it this way, but a lot of the law - most of the law that relates to the First Amendment freedom of the press in America - is really within living memory.
Related Authors
Antonin Scalia Quotes
American
Judge
Brett Kavanaugh Quotes
American
Judge
Clarence Thomas Quotes
American
Judge
Earl Warren Quotes
American
Judge
Felix Frankfurter Quotes
American
Judge
Hugo Black Quotes
American
Judge
Learned Hand Quotes
American
Judge
Louis D. Brandeis Quotes
American
Judge
Oliver Wendell Holmes, Jr. Quotes
American
Judge
Robert Rinder Quotes
English
Judge
Ruth Bader Ginsburg Quotes
American
Judge
Samuel Alito Quotes
American
Judge
Sandra Day O'Connor Quotes
American
Judge
Sonia Sotomayor Quotes
American
Judge
Thurgood Marshall Quotes
American
Judge
William O. Douglas Quotes
American
Judge