A Quote by Potter Stewart
I think that the Court's task, in this as in all areas of constitutional adjudication, is not responsibly aided by the uncritical invocation of metaphors like the ' wall of separation,' a phrase nowhere to be found in the Constitution.
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Ultimately, the court is heading to a doctrine of 'separation of campaign and state.' This doctrine, like separation of church and state or separation of military and civilian authority, is not explicit in the Constitution but flows naturally from its structure and commitment to freedom and democracy.
It is impossible to build sound constitutional doctrine upon a mistaken understanding of Constitutional history... The establishment clause has been expressly freighted with Jefferson's misleading metaphor for nearly forty years... There is simply no historical foundation for the proposition that the framers intended to build a wall of separation... The recent court decisions are in no way based on either the language or intent of the framers.
The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left.
In the Constitution of India the Supreme Court and the High Courts were seen as watchdog bodies, independent of the executive, and entrusted with the task of seeing that all institutions function in accordance with the Constitution, and the Rule of Law.
Although the governor strongly disagrees with the court substituting its judgment for the constitutional process of the elected branches or a vote of the people, the court has now spoken clearly as to their view of the New Jersey Constitution, and, therefore, same-sex marriage is the law.
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.
The veto is a President's Constitutional right, given to him by the drafters of the Constitution because they wanted it as a checkagainst irresponsible Congressional action. The veto forces Congress to take another look at legislation that has been passed. I think this is a responsible tool for a president of the United States, and I have sought to use it responsibly.
[I]n constitutional adjudication some steps, which when taken were thought to approach 'the verge,' have become the platform for yet further steps. A certain momentum develops in constitutional theory and it can be a 'downhill thrust' easily set in motion but difficult to retard or stop.
The Supreme Court is the last line of defense for the separation of powers and for the rights and liberties guaranteed by the Constitution.
Any Supreme Court confirmation needs to be a thoughtful process, with full respect for the separation of powers outlined in the Constitution.
Invoking the letters of God's Name without presence of mind is invocation of the tongue; invoking with presence of mind is invocation of the heart; and invoking with an absence of self-awareness because of absorption in the Invoked is the invocation of the Self - this is the hidden invocation!
The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.... There should be, therefore, great resistance to ... redefining the category of rights deemed to be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority to govern the country without express constitutional authority.
I don't believe there is a separation of church and state. I think the Constitution is very clear. The only separation is that there will not be a government church.
A constitutional tradition that works is one that is in a constant state of dynamic evolution. You have a written constitution that says 'x,' but no constitutional system works if it just follows what's in that written constitution and never changes. Interpretation gives it the freedom to change.
The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.
Many voters think about the makeup of the Supreme Court when they are choosing a president. The justices deal not only with constitutional issues but also with social issues that were unknown to the founding fathers who wrote the Constitution more than 200 years ago.
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