A Quote by Robert H. Jackson
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.
Related Quotes
No Congress ever has seen fit to amend the Constitution to address any issue related to marriage. No Constitutional Amendment was needed to ban polygamy or bigamy, nor was a Constitutional Amendment needed to set a uniform age of majority to ban child marriages.
This OCCUPIED amendment, this constitutional amendment, would overturn Citizens United. It would make clear that corporations aren't people, that they - the framers of the Constitution never intended to give constitutional rights to corporations, the ones that we enjoy and cherish.
So now we're after a constitutional amendment that defines marriage as a guy-and-gal thing. To the founders, this would have been like an amendment requiring the sun to rise in the east; it would fall under the category of obvious truths that the Constitution need not address.
Nothing in the 14th Amendment or in any other constitutional provision suggests that the president may usurp legislative power to prevent a violation of the Constitution.
The Thirteenth Amendment to the Constitution of the United States was enacted in 1865 by martial law. The Fourteenth Amendment was enacted in 1868 by martial law. The Fifteenth Amendment was enacted in 1870 by martial law. Military occupation of the Southern states did not end until 1877, twelve years after the end of the Civil War.
[I watch] all that stuff - Game of Thrones and all the other series. How about House of Cards? As for Boardwalk Empire - that's another period of government overreach, but at least they use the amendment process! In real life, the executive branch, by violating the Constitution, is using statutes in place of constitutional amendments to diminish our liberty.
The Second Amendment is a constitutional right. I didn't make it up, the Republican Party didn't make it up. It's in the Constitution. I think it's just as important as any of the other rights in our constitution.
There is no question that under the Equal Rights Amendment there will be debates at times, indecision at times, litigation at times. Has anyone proposed that we rescind the First Amendment on free speech because there is too much litigation over it? Has anyone suggested the same for the Fourteenth Amendment I don't suppose there has ever been a constitutional amendment with so much litigation?
Much of the Constitution is remarkably simple and straightforward - certainly as compared to the convoluted reasoning of judges and law professors discussing what is called 'Constitutional law,' much of which has no basis in that document....The real question [for judicial nominees] is whether that nominee will follow the law or succumb to the lure of 'a living constitution,' 'evolving standards' and other lofty words meaning judicial power to reshape the law to suit their own personal preferences.
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.
If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed.
Then President [Barack] Obama went on to argue that a citizen`s Second Amendment rights can be restricted without being infringed, just like any other rights. There are limits on your free speech and on your right to privacy. But he also made another nuanced Constitutional argument, that the rights enshrined in the Second Amendment must be balanced alongside the others rights guaranteed by the Constitution.
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.
The Founding Fathers provided a way to reverse unpopular Supreme Court decisions: a constitutional amendment.
Minimum wage laws tragically generate unemployment, especially so among the poorest and least skilled or educated workers... Because a minimum wage, of course, does not guarantee any worker's employment; it only prohibits, by force of law, anyone from being hired at the wage which would pay his employer to hire him.
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.
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