A Quote by Anthony Kennedy
A judge sometimes must release a criminal. He doesn't like it, she doesn't like it, but the law requires it. And the context of an election in which you are "soft on crime" betrays a misunderstanding of the judicial process and a misunderstanding of the Constitution.
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In South America, I heard the 8th Symphony of Beethoven. And the young conductor thought, Beethoven must be heroic. But this is piece which shouldn't be heroic. And this was such a misunderstanding, such a deep misunderstanding.
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.
Much of the Constitution is remarkably simple and straightforward - certainly as compared to the convoluted reasoning of judges and law professors discussing what is called 'Constitutional law,' much of which has no basis in that document....The real question [for judicial nominees] is whether that nominee will follow the law or succumb to the lure of 'a living constitution,' 'evolving standards' and other lofty words meaning judicial power to reshape the law to suit their own personal preferences.
Economists tell us that the 'price' of an object and its 'value' have very little or nothing to do with one another. 'Value' is entirely subjective economic value, anyway while 'price' reflects whatever a buyer is willing to give up to get the object in question, and whatever the seller is willing to accept to give it up. Both are governed by the Law of Marginal Utility, which is actually a law of psychology, rather than economics. For government to attempt to dictate a 'fair price' betrays complete misunderstanding of the entire process.
I am sure from my experience of juries that, in a criminal case especially, they will obey the law as declared by the Judge; they will take the law from the Judge, whether they like it or do not like it, and apply it honestly to the facts before them.
Suppose that a person writes what she must. That is only the first step of becoming a writer. The work must survive the moment of creation. It must get out to an audience. She or he must dare to show the work. She must risk ridicule, misunderstanding, scandal, condemnation, & what's often worse, none of the above: silence. No attention at all.
Most trouble is unnecessary. Between the indignity of being born and the agony of dying enough bad things must of necessity happen to people. But we can't be satisfied with that. We have to go to work and see how much additional trouble we can create. Misunderstanding, turmoil, effort put on all the wrong things, and then more misunderstanding.
It's a fundamental misunderstanding of human nature and of the concepts of liberty, freedom, and self-determination. It's a fundamental misunderstanding of economics. He (Obama) believes that the pie is fixed and that he needs to more equitably divide up the slices.
Popularity makes no law invulnerable to invalidation. Americans accept judicial supervision of their democracy - judicial review of popular but possibly unconstitutional statutes - because they know that if the Constitution is truly to constitute the nation, it must trump some majority preferences.
Some have argued that the President is required to get permission from a federal court before taking action against a United States citizen who is a senior operational leader of al Qaeda or associated forces. This is simply not accurate. 'Due process' and 'judicial process' are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.
The growing pains of being an actor, that was a little frustrating at times because you feel like you have great capacity to do many things. And yet there seems to be a misunderstanding about who you are and what you're trying to do. And that requires patience, and people eventually will understand.
A conflict of values is not a misunderstanding. Islamic orthodoxy and the German constitution are not compatible.
At birth, we are like cartilage - soft, flexible tissue. By the same natural process by which cartilage becomes hard bone, the soft, tender heart of an innocent child can become hardened by the circumstances into which she is born.
For every crime that comes before him, a judge is required to complete a perfect syllogism in which the major premise must be the general law; the minor, the action that conforms or does not conform to the law; and the conclusion, acquittal or punishment. If the judge were constrained, or if he desired to frame even a single additional syllogism, the door would thereby be opened to uncertainty.
That it is not enough to catch a criminal and get them convicted and so on, because the victim remains with the consequences of the crime. Something needs to be done. Let's complete that process, interact with civil society about this, so that we will specify what is it that we do in the context of that Charter that would then make this positive impact on people who might have been affected by crime.
The most common misunderstanding of disruptive innovations is to overestimate their impact in the short term and underestimate it in the long term. Another common misunderstanding is to associate disruptive with good.
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