A Quote by Sam Brownback

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.

Sam Brownback

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Ability Accepted Challenged Constitution Could Courts Decide Federal Idea Judicial Judicial Power Judicial Review Law Narrow People Power Reason Review Scope Whether

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Sam Brownback
American - Politician
Born: September 12, 1956

As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.

Byron White

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.

Thomas Sowell

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.

George Will

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.

John Marshall

Not surprisingly, the federal judiciary nearly always rules in favor of the federal government. Judicial review, contrary to the assurances of its advocates, has hardly restrained Congress at all. Instead it has progressively stripped the states of their traditional powers, while allowing federal power to grow unchecked.

Joseph Sobran

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.'

Jeff Greenfield

In America, we divide federal power between the legislative, executive and judicial branches so that no one holds too much power. This is sixth-grade civics: Congress writes the laws; the president executes the laws; and the courts apply those laws fairly and dispassionately to cases.

Ben Sasse

The Court's legitimacy arises from the source of its authority - which is, of course, the Constitution - and is best preserved by adhering to decision methods that neither expand nor contract but legitimize the power of judicial review.

Diane S. Sykes

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.

John Marshall

If judicial review means anything, it is that judicial restraint does not allow everything.

Don Willett

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.

Edwin Meese

Wise men wrote the Constitution, but clever judges have been destroying it, bit by bit, turning it into an instrument of arbitrary judicial power, instead of a limitation on all government power.

Thomas Sowell

More fundamentally, however, the answer to petitioners' objection is that there can be no impairment of executive power, whether on the state or federal level, where actions pursuant to that power are impermissible under the Constitution. Where there is no power, there can be no impairment of power.

William J. Brennan

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.

Ann Coulter

Some have argued that the President is required to get permission from a federal court before taking action against a United States citizen who is a senior operational leader of al Qaeda or associated forces. This is simply not accurate. 'Due process' and 'judicial process' are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.

Eric Holder

She [Justice sandra Day O'Connor] rejected the [George] Bush administration's claim that it could indefinitely detain a United States citizen. She upheld the fundamental principle of judicial review over the exercise of government power.

Patrick Leahy

A Quote by Sam Brownback

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