A Quote by Merrick Garland
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.
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The commitment to international agreements is embodied, it's found in the U.S. Constitution. Article Six of the U.S. Constitution provides that treaties of the United States are part of the supreme law of the land along with the constitution itself and laws passed by Congress. Well, the US government certainly has not been acting in recent years as if treaties were part of the supreme law of the land.
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.
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 Judge does not make the law. It is people that make the law. Therefore if a law is unjust, and if the Judge judges according to the law, that is justice, even if it is not just.
What Obama did wrong with executive power is he tried to change the law. He tried to ignore the law. And under the Constitution, Article I, all legislative authority is vested in Congress.
I wouldn't approach the issue of judging in the way the president does. Judges can't rely on what's in their heart. They don't determine the law. Congress makes the law. The job of a judge is to apply the law.
A judge must interpret statutes as written. And a judge must interpret the Constitution as written, informed by history and tradition and precedent.
Whether a law be void for its repugnancy to the Constitution, is, at all times, a question of much delicacy, which out seldom, if ever, to be decided in the affirmative, in doubtful case. ... But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
In order for the Constitution to work, you have to have law-abiding people. You have to have people willing to obey the Constitution, willing to follow the law. Obama doesn't care. He is the law.
The Constitution is not a law, but it empowers the people to make laws... The Constitution tells us what shall not be a lawful tender... The legislature has ceded up to us the privilege of enacting such laws as are not inconsistent with the Constitution of the United States... The different states, and even Congress itself, have passed many laws diametrically contrary to the Constitution of the United States.
A judge must be independent and must interpret the law, not make the law.
[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.
Every single person in the government swears an oath to the very same constitution, to abide by the laws in pursuance of this constitution, and they all have the responsibility to follow its plain words....If a judge makes a ruling that is contrary to the plain words of the Constitution, then it's not law, it's just his bad opinion!
For most of us, fidelity is faithfulness to an obligation, trust, or duty. For the men and women of the FBI, fidelity also means fidelity to country. It means fidelity to justice and the law, fidelity to the Constitution, fidelity to equality and liberty.
There has been no clearer principle of English or American constitutional law than that, in criminal cases, it is not only the power and duty of juries to judge what are the facts, what is the law, and what is the moral intent of the accused; but that it is also their power, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and find all persons guiltless in violating, or resisting the execution of, such laws.
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.
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