A Quote by Benjamin N. Cardozo
I take judge-made law as one of the existing realities of life.
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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.
Our constitution, in short, is a judge-made constitution, and it bears on its face all the features, good and bad, of judge-made law.
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.
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.
I don't break the law* made for crooks, when I take away my own property - thus I am not obliged to conform to the law made for murderers when I deprive myself of my own life.
The Constitution overrides a statute, but a statute, if consistent with the Constitution, overrides the law of judges. In this sense, judge-made law is secondary and subordinate to the law that is made by legislators.
I'm glad I made the decision, although the practice of law - and particularly serving as a federal judge - was a part of my life that I really enjoyed and treasured and look back on it with fondness.
External realities - worlds of politics, economics, law, war, interpersonal and social relations - are part of prose fiction. Fiction also includes the realities of a character's interior language. Poetry can encompass the same realities, but in compressed, intensified language, which creates entirely different degrees of emotional force.
Because the artist deals in future realities, he always seeks improvements or changes in the existing reality. This makes the artist, inevitably and invariably, a rebel against the status quo. The artist, day by day, by postulating the new realities of the future, accomplishes peaceful revolution.
We're happy to see, obviously, the resounding support for Judge [Merric] Garland, an unbelievable - unbelievably strong, unquestioned excellence as a judge for the last 18 years on the second highest court in the land and somebody who's dedicated his life to the law.
I certainly would not vote against a particular judge already in office because of a decision in a case. You may not agree with a judge's decision, but the judge must act within 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.
I've called on Congress to repeal the so-called Defense of Marriage Act to help end discrimination to help end discrimination against same-sex couples in this country. Now, I want to add we have a duty to uphold existing law, but I believe we must do so in a way that does not exacerbate old divides. And fulfilling this duty in upholding the law in no way lessens my commitment to reversing this law. I've made that clear.
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.
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.
Realities disguised as symbols are, for me, new realities that are immeasurably preferable. I make an effort to take them at their word. To grasp, to carry out the diktat of images to the letter.
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