A Quote by Byron White
The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.
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The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.... There should be, therefore, great resistance to ... redefining the category of rights deemed to be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority to govern the country without express constitutional authority.
But the Supreme Court does not make sweeping changes in constitutional law by accident, or by its own design. Rather, the Court is limited to deciding the cases that the parties ask the Court to decide.
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.
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.
Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.
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.
Although the governor strongly disagrees with the court substituting its judgment for the constitutional process of the elected branches or a vote of the people, the court has now spoken clearly as to their view of the New Jersey Constitution, and, therefore, same-sex marriage is the law.
Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault.
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.
I often wonder whether we do not rest our hopes too much upon constitutions, upon law and upon courts. These are false hopes, believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no courts to save it.
The sovereignty of the States is the language of the Confederacy and not the language of the Constitution. The latter contains the emphatic words. This Constitution and the laws of the United States which shall be made in pursuance thereof and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding
[Barack] Obama's executive amnesty has been frozen via a stay by a judge on the appellate court. You remember, this is the judge that discovered the Defense Department lawyers were lying to him in open court, and instead of actually sanctioning them, he demanded that they go to a new ethics course to learn the proper behavior and decorum and the law in court, that you just can't lie with impunity to a judge.
If we do our job right, the Supreme Court won't be made up of men and women who are on the side of the little guy or the big guy; rather, the Supreme Court will be made up of men and women who are on the side of the law and the Constitution.
It lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it. While it lies there, it needs no constitution, no law, no court to save it.
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.
As a citizen and someone who was a judge on the constitutional law court for 18 years, I feel whenever I can raise my voice with the hope of being heard I need to do it, but I wouldn't assign a special wisdom and responsibility to writers.
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