A Quote by Warren E. Burger

We may have lured judges into roaming at large in the constitutional field. — © Warren E. Burger
We may have lured judges into roaming at large in the constitutional field.
The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges views of fairness, reasonableness, or justice. I have no fear of constitutional amendments properly adopted, but I do fear the rewriting of the Constitution by judges under the guise of interpretation.
If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered, that this cannot be the natural presumption, where it is not be collected from any particular provisions in the Constitution.
Genius, whether locked up in a cell or roaming at large, is always solitary.
Conservatives . . . may decide to join the game and seek activist judges with conservative views. Should that come to pass, those who have tempted the courts to political judging will have gained nothing for themselves but will have destroyed a great and essential institution. . . . There are only two sides. Either the Constitution and statutes are law, which means their principles are known and control judges, or they are malleable texts that judges may rewrite to see that particular groups or political causes win.
Our constitutional system is founded on democracy: the will of the people, not the unchecked rule of judges.
As a general rule, I do not think judges should consider current societal preferences when ruling on constitutional challenges.
The media is fully fine and hunky-dory with the idea that they may destroy somebody, and they think that's part of the job description. But you turn around and criticize them, and that's not permitted in the vacuum in which they live. They have free rein over you, because I guess this is how they define their constitutional responsibility. And since they have constitutional recognition, somehow they've all been taught at journalism school that nobody may assail them, that nobody may criticize them.
If there's a distinct group of Americans who harbor open contempt for constitutional principles and rule of law, it's lawyers, judges and members of Congress.
We are just entering what may be called, 'the field of vibrations', a field in which we may find more wonders than the mind can conceive of
Absent scandal, a federal judge can serve for decades on the bench, underscoring the importance of appointing judges who have a proper understanding of their constitutional role.
We have judges in the American system and they take on a black robe where they are supposed to shield their partisan preferences. They are not red or blue state judges. They are judges.
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.
Kings may be judges of the earth, but wise men are the judges of kings.
In my legal practice, I have seen certain Federal judges controlled or influenced by large corporations..., by large law firms...on more than one occasion(, and) ...by special interests...(some) ought to be thrown right off the bench because they are breaking every code of conduct.
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.
If everyone charged with crimes suddenly exercised his constitutional rights, there would not be enough judges, lawyers, or prison cells to deal with the ensuing tsunami of litigation.
This site uses cookies to ensure you get the best experience. More info...
Got it!