A Quote by Alan Paton
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.
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A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of Saint Thomas Aquinas, an unjust law is a human law that is not rooted in eternal and natural law.
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.
There has been no clearer principle of English or American constitutional law than that, in criminal cases, it is not only the power and duty of juries to judge what are the facts, what is the law, and what is the moral intent of the accused; but that it is also their power, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and find all persons guiltless in violating, or resisting the execution of, such laws.
It is the function of a judge not to make but to declare the law, according to the golden mete-wand of the law and not by the crooked cord of discretion.
There is but one law for all, namely that law which governs all law, the law of our Creator, the law of humanity, justice, equity - the law of nature and of nations.
The Gospel is temporary, but the law is eternal and is restored precisely through the Gospel. Freedom from the law consists, then, not in the fact that the Christian has nothing more to do with the law, but lies in the fact that the law demands nothing more from the Christian as a condition of salvation. The law can no longer judge and condemn him. Instead he delights in the law of God according to the inner man and yearns for it day and night.
In a democracy - even if it is a so-called democracy like our white-?litist one - the greatest veneration one can show the rule of law is to keep a watch on it, and to reserve the right to judge unjust laws and the subversion of the function of the law by the power of the state. That vigilance is the most important proof of respect for the law.
But for their right to judge of the law, and the justice of the law, juries would be no protection to an accused person, even as to matters of fact; for, if the government can dictate to a jury any law whatever, in a criminal case, it can certainly dictate to them the laws of evidence.
People must be confident that a judge's decisions are determined by the law and only the law. He must be faithful to the Constitution and statutes passed by Congress. Fidelity to the Constitution and the law has been the cornerstone of my life and the hallmark of the kind of judge I have tried to be.
Jurors have found, again and again, and at critical moments, according to what is their sense of the rational and just. If their sense of justice has gone one way, and the case another, they have found "against the evidence," ... the English common law rests upon a bargain between the Law and the people: The jury box is where the people come into the court: The judge watches them and the people watch back. A jury is the place where the bargain is struck. The jury attends in judgment, not only upon the accused, but also upon the justice and the humanity of the Law.
That's not the federal law. What you're confusing is law with the opinion of a justice, what one lone federal judge says is not law.
To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law.
In war, in some sense, lies the very genius of law. It is law creative and active; it is the first principle of the law. What is human warfare but just this, - an effort to make the laws of God and nature take sides with one party. Men make an arbitrary code, and, because it is not right, they try to make it prevail by might. The moral law does not want any champion. Its asserters do not go to war. It was never infringed with impunity. It is inconsistent to decry war and maintain law, for if there were no need of war there would be no need of law.
A just law is a man-made code that squares with the moral law, or the law of God. An unjust law is a code that is out of harmony with the moral law.
The Supreme Court is about the Constitution. It is about constitutionality. It is about the law. At its bear simplest, it's about the law. It is not about the Democrat Party agenda. Because that's what it's become. The whole judiciary has become that because that's the kind of people they have put on various courts as judges, and every liberal justice on the Supreme Court is a social justice warrior first and a judge of the law second. And if they get one more, then they will have effectively corrupted the Supreme Court.
The task of a judge is not to make the law - it is to apply the law.
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