A Quote by Fred Rodell
The Constitution is what the judges say it is, every time.
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It is the people, and not the judges, who are entitled to say what their constitution means, for the constitution is theirs, it belongs to them and not to their servants in office—any other theory is incompatible with the foundation principles of our government.
The Constitution is what the judges say it is.
We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our property and our liberty and our property under the Constitution.
The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges views of fairness, reasonableness, or justice. I have no fear of constitutional amendments properly adopted, but I do fear the rewriting of the Constitution by judges under the guise of interpretation.
I used to say that the Constitution is not a living document. It's dead, dead, dead. But I've gotten better. I no longer say that. The truth is that the Constitution is not one that morphs. It's an enduring Constitution, not a changing Constitution. That is what I've meant when I've said that the Constitution is dead.
Our constitution should be inspired by the philosophy of the Koran with principles that are set in stone and not open to the whims of individual judges, as is the case now. In particular, the constitution should protect every citizen's basic human rights regardless of their sex, status or sect. Everyone should be equal before the law.
Probably the worst thing that has happened in America in my time is the decay of confidence in the courts. No one can be sure any more that in a given case they will uphold the plainest mandate of the Constitution. On the contrary, everyone begins to be more or less convinced in advance that they won't. Judges are chosen not because they know the Constitution and are in favor of it, but precisely because they appear to be against it.
Selecting about 100 judges of the higher judiciary every year in a rational and fair manner is an onerous task requiring a full-time and not an ex-officio body. An ex-officio body of sitting judges and ministers cannot devote the kind of time required for this job.
I remain mindful that the role of a judge is a limited one and that judges can't solve every problem. But at the same time, judges play a crucial role in safeguarding liberty and protecting the rights of all citizens.
As long as judges tinker with the Constitution to 'do what the people want,' instead of what the document actually commands, politicians who pick and confirm new federal judges will naturally want only those who agree with them politically.
The Constitution I uphold and defend is the one I carry in my pocket all the time, the U.S. Constitution. I don't know what Constitution that other members of Congress uphold, but it's not this one. I think the only Constitution that Barack Obama upholds is the Soviet constitution, not this one.
It has been believed for a long time in Japan that things such as the constitution can never be changed. I say we should change our constitution now. The U.S. has amended its constitution six times, but Japan has done it zero times.
Constitutions are violated, and it would be absurd to expect the federal government to enforce the Constitution against itself. If the very federal judges the Constitution was partly intended to restrain were the ones exclusively charged with enforcing it, then "America possesses only the effigy of a Constitution." The states, the very constituents of the Union, had to do the enforcing.
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
The Constitution empowers the people to resolve our day's most contentious issues. When judges forget this basic truth, they do a disservice to our democracy and to our constitution.
What the framers of the Constitution tried to achieve when they wrote that Constitution back in the 1700s was an independent federal judiciary. They wanted federal judges to be appointed by the president, with the advice and consent of the Senate, and to serve for good behavior.
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