A Quote by John Marshall
It is emphatically the province and duty of the judicial department to say what the law is...If two laws conflict with each other, the courts must decide on the operation of each...This is of the very essence of judicial duty.
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The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, alterable when the legislature shall please to alter it. It is emphatically the province and duty of the judicial department to say what the law is. This is the very essence of judicial duty.
It is emphatically the province and duty of the Judicial Department to say what the law is.
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.
One of the litmus tests for judicial conservatism is the idea of judicial restraint - that courts should give substantial deference to the decisions of the political process. When Congress and the president enact a law, conservatives generally say, judges should avoid 'legislating from the bench.'
Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exericised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law.
My Catholic faith is the foundation of my worldview, and my judicial duty is governed, from beginning to end, by the law.
It is our duty to fight for our freedom.
It is our duty to win.
We must love each other and support each other.
We have nothing to lose but our chains.
To say that we have to surrender to judicial supremacy is to do what Jefferson warned against, which is, in essence, surrender to judicial tyranny.
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.
EXECUTIVE, n. An officer of the Government, whose duty it is to enforce the wishes of the legislative power until such time as the judicial department shall be pleased to pronounce them invalid and of no effect.
Judicial Watch has taken the lead nationwide in defending state voter ID laws and other commonsense election integrity measures, filing amicus briefs in the Supreme Court and in several circuit courts of appeal and trial courts.
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.
If, then, the courts of justice are to be considered as the bulwarks of a limited Constitution against legislative encroachments, this consideration will afford a strong argument for the permanent tenure of judicial offices, since nothing will contribute so much as this to that independent spirit in the judges which must be essential to the faithful performance of so arduous a duty.
Chávez inherited a dysfunctional judicial system and more or less regional (that is to say: bad) crime rates. He leaves an anarchic judicial system and horrendous crime rates. He neglected, bungled, and politicized policing, the courts and the jails.
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.
[T]he guilty as well as the innocent are entitled to due process of law. They are entitled to a fair trial. They are entitled to counsel. They are entitled to fair treatment from the police. The law enforcement officer has the same duty as the citizen-indeed, he has a higher duty-to abide by the letter and spirit of our Constitution and laws. You yourselves must be careful to obey the letter of the law. You yourselves must be intellectually honest in the enforcement of the law.
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