A Quote by Byron White
As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.
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The Court's legitimacy arises from the source of its authority - which is, of course, the Constitution - and is best preserved by adhering to decision methods that neither expand nor contract but legitimize the power of judicial review.
Narrow scope of judicial power was the reason that people accepted the idea that the federal courts could have the power of judicial review; that is, the ability to decide whether a challenged law comports with the Constitution.
The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left.
I don't think this is a situation where you can say that Congress was avoiding any mention of the tax power. It'd be one thing if Congress explicitly disavowed an exercise of the tax power. But given that it hasn't done so, it seems to me that it's - not only is it fair to read this as an exercise of the tax power, but this court has got an obligation to construe it as an exercise of the tax power if it can be upheld on that basis.
It is especially imperative for Congress to exercise careful judgment in this area, because of the difficulty under existing laws, in obtaining judicial review of Postal Service abuses. ...We strongly oppose the legislation's infringement of rights guaranteed under the First, Fourth, and Fifth Amendments to the Constitution.
I've learned that the Court will continue to change the meaning of the Constitution. Although all of the Justices have expressed the importance of judicial restraint, the Court inevitably makes new law every time it interprets the Constitution.
Supreme Court nominees should know that this exercise of judicial restraint is the key ingredient of being good judge, as the Constitution constrains judges every bit as much as it constrains we legislators, executives and citizens in their actions.
As Alexander Hamilton said in 'The Federalist Papers,' law is about the exercise of judgment and not will. Judicial activism is best understood as substituting judicial opinion for the command of law. The law is not an infinitely malleable tool.
Americans revere both the Constitution and an independent Court that applies the document's provisions. The Court has done many excellent things in our history, and few people are willing to see its power broken. The difficulty with all proposals to respond to the Court when it behaves unconstitutionally is that they would create a power to destroy the Court's essential work as well.
She [Justice sandra Day O'Connor] rejected the [George] Bush administration's claim that it could indefinitely detain a United States citizen. She upheld the fundamental principle of judicial review over the exercise of government power.
Impeachment must not be a raw exercise of political power in which the House impeaches whoever it wishes for any reason it deems sufficient. Indeed, it is the solemn duty of all of the members of the House in any impeachment case to exercise their judgment faithfully within the confines established by our Constitution.
If judicial review means anything, it is that judicial restraint does not allow everything.
A decision by the Supreme Court to subject Guantanamo to judicial review would eliminate these advantages.
The President can exercise no power which cannot be fairly and reasonably traced to some specific grant of power in the Federal Constitution or in an act of Congress passed in pursuance thereof. There is no undefined residuum of power which he can exercise because it seems to him to be in the public interest.
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.
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