A Quote by Jeff Sessions
Frank Johnson was recognized as one of the great federal judges of American history, I suppose. He was a law-and-order judge. He was a classical, I think, conservative. But he believed that civil rights provided in the Constitution applied to everybody.
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The foundations of modern civil-rights law are exceptionally secure. Conservative judges nibble around the edges sometimes, and people still debate the constitutionality of affirmative-action programs. But almost no one seriously argues about the basic meaning or legitimacy of core civil-rights protections.
Anyway, in 1966, Daddy had started to attack Lyndon Johnson on the war in Vietnam. Lyndon Johnson was a good man. Even though he was a Southern conservative, Lyndon Johnson passed more civil-rights legislation than any other president in history.
On July 2, 1964, President Johnson signed into law the Civil Rights Act. Its enactment, following the longest continuous debate in the history of the U.S. Senate, enshrined into law the basic principle upon which our country was founded - that all people are created equal.
Under the Constitution, federal law trumps both state and city law. But antitrust law allows states some exceptional leeway to adopt anticompetitive business regulations, out of respect for states' rights to regulate business. This federal respect for states' rights does not extend to cities.
[Before the Civil Rights Act of 1964], many governments in southern states forced people to segregate by race. Civil rights advocates fought to repeal these state laws, but failed. So they appealed to the federal government, which responded with the Civil Rights Act of 1964. But this federal law didn't simply repeal state laws compelling segregation. It also prohibited voluntary segregation. What had been mandatory became forbidden. Neither before nor after the Civil Rights Act were people free to make their own decisions about who they associated with.
Well, first of all, I don't want to debate the word conservative, but by my definition, a conservative is someone who wants to conserve the Constitution of the United States and the American tradition and law that no one is above the 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.
In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
The great paradox of the civil rights revolution is that instead of enforcing and expanding equality before the law, the revolution created differential rights based on race, gender and, any day now, sexual orientation. The great liberal revolution, centuries in the making, that brought forth equality in law has been overthrown. In its place we see rising a new feudal legal order of status-based rights.
If we stuck to the Constitution as written, we would have: no federal meddling in our schools; no Federal Reserve; no U.S. membership in the UN; no gun control; and no foreign aid. We would have no welfare for big corporations, or the "poor"; no American troops in 100 foreign countries; no NAFTA, GAT, or "fast-track"; no arrogant federal judges usurping states rights; no attacks on private property; no income tax. We could get rid of most of the agencies, and most of the budget. The government would be small, frugal, and limited.
Conservatives . . . may decide to join the game and seek activist judges with conservative views. Should that come to pass, those who have tempted the courts to political judging will have gained nothing for themselves but will have destroyed a great and essential institution. . . . There are only two sides. Either the Constitution and statutes are law, which means their principles are known and control judges, or they are malleable texts that judges may rewrite to see that particular groups or political causes win.
[The Massachusetts constitution] resembles the federal Constitution of 1787 more closely than any of the other revolutionary state constitutions. It was also drawn up by a special convention, and it provided for popular ratification - practices that were followed by the drafters of the federal Constitution of 1787 and subsequent state constitution-makers.
In order to keep the judiciary independent of the executive, the constitution provided impeachment as the only method for disciplining errant judges.
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.
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.
The courage of federal Judge Frank Johnson is well-known.He was the one that gave the legal authority for the right to march from Selma to Montgomery, and he suffered dearly for it. He was ostracized and rejected. His life was threatened as a result of it.
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