A Quote by David Souter

There is a danger to judicial independence when people have no understanding of how the judiciary fits into the constitutional scheme.

David Souter

Quote Topics

Independence Constitutional Danger Fits How Judicial Judiciary People Scheme Understanding

Quote Author

David Souter
American - Judge
Born: September 17, 1939

To be true to its constitutional role, the Supreme Court should refuse to be drawn into making public policy, and it should strike down legislation only when a clear constitutional violation exists. When judicial activists resort to various inventions and theories to impose their personal views on privacy and liberty, they jeopardize the legitimacy of the judiciary as an institution and undermine the role of the other branches of government.

Mark Levin

Independence of Judiciary means independence from Executive and Legislature, but not independence from accountability.

Prashant Bhushan

While the seeming independence of the federal judiciary has played a vital part in making its actions virtual Holy Writ for the bulk of the people, it is also and ever true that the judiciary is part and parcel of the government apparatus and appointed by the executive and legislative branches.

Murray Rothbard

None of the constitutional, legal or other principles bars me from returning to the judiciary, since the judiciary remains independent if the actors remain independent and fair.

Khil Raj Regmi

You can understand why the original framers of judicial ethics thought it would be undignified and would call into question the legitimacy of the judicial decision-making process to have mudslinging by judges, but the way that we hobble people of enormous integrity from defending themselves is, I think, deeply problematic in states where you have an elected judiciary, or a judge is subject to recall.

Deborah Rhode

On the one hand we want to preserve the integrity of the judicial branch, and we want to talk about judicial independence, and how damaging and dangerous it is when Donald Trump calls out Judge [Gonzalo] Curiel. And at the same time, at the end of the day, judges work for us and we can recall them and we can impeach them.

Dahlia Lithwick

If Americans loved judicial activism, liberals wouldn't be lying about what it is. Judicial activism means making up constitutional rights in order to strike down laws the justices don't like based on their personal preferences. It's not judicial activism to strike down laws because they violate the Constitution.

Ann Coulter

Power is the great evil with which we are contending. We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny.

Patrick Henry

I spend a lot of time thinking about what I do and how it fits into the scheme of things. I won't do something just because it's funny.

Joel Hodgson

I do think the whole question of judicial accountability is a complicated one. On the one hand, you want to encourage judicial independence. And it's always, I think, problematic when an unpopular decision triggers a recall election. Because it sends a disempowering message to judges. On the other hand, it's the only way that voters have to rein in someone whose views are really so out of the mainstream of public opinion that they jeopardize the legitimacy of the judicial process.

Deborah Rhode

Just as judges have enormous stake in the appointment of judicial officers in the higher judiciary, the government has an equal stake. Since both of us have stakes in the appointment of members of the higher judiciary, the consultation of both of them is absolutely necessary. The government must have a say.

Kapil Sibal

The debate over judicial nominations is a debate over the judiciary itself. It is a debate over how much power unelected judges should have in our system of government, how much control judges should have over a written constitution that belongs to the people.

Orrin Hatch

Terrorism is a big danger to Pakistan's independence. We will fight this danger for the sake of independence of Pakistan and will defeat it at all levels.

Shaukat Aziz

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.