A Quote by Thomas Sowell
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.
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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.
The debate over judicial nominations is a debate over the judiciary itself. It is a debate over how much power unelected judges should have in our system of government, how much control judges should have over a written constitution that belongs to the people.
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.
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.
A constitution is not the act of a government, but of a people constituting a government; and government without a constitution is power without a right. All power exercised over a nation, must have some beginning. It must be either delegated, or assumed. There are not other sources. All delegated power is trust, and all assumed power is usurpation. Time does not alter the nature and quality of either.
Power is the great evil with which we are contending. We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny.
Supreme Court nominees should know that this exercise of judicial restraint is the key ingredient of being good judge, as the Constitution constrains judges every bit as much as it constrains we legislators, executives and citizens in their actions.
The important distinction so well understood in America between a constitution established by the people, and unalterable by the government; and a law established by the government, and alterable by the government, seems to have been little understood and less observed in any other country. Wherever the supreme power of legislation has resided, has been supposed to reside also, a full power to change the form of government.
No one can read our Constitution without concluding that the people who wrote it wanted their government severely limited; the words "no" and "not" employed in restraint of government power occur 24 times in the first seven articles of the Constitution and 22 more times in the Bill of Rights.
Our minds tell us, and history confirms, that the great threat to freedom is the concentration of power. Government is necessary to preserve our freedom, it is an instrument through which we can exercise our freedom; yet by concentrating power in political hands, it is also a threat to freedom. Even though the men who wield this power initially be of good will and even though they be not corrupted by the power they exercise, the power will both attract and form men of a different stamp.
It is not the source but the limitation of power which prevents it from being
arbitrary.
The necessity for power is obvious, because life cannot be lived without order; but the allocation of power is arbitrary because all men are alike, or very nearly. Yet power must not seem to be arbitrarily allocated, because it will not then be recognized as power. Therefore prestige, which is illusion, is of the very essence of power.
If [the legislature] will positively enact a thing to be done, the judges are not at liberty to reject it, for that were to set the judicial power above that of the legislature, which would be subversive of all government.
It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please . . . . Certainly no such universal power was meant to be given them. It [the Constitution] was intended to lace them up straightly within the enumerated powers and those without which, as means, these powers could not be carried into effect.
These are issues we've been grappling with since the Constitution was written: how you hold your government to account for its words and deeds. It's all about power and the abuse of power.
Contrary to popular opinion, the Constitution was not - and is not - a grant of rights to the citizenry. Instead, the Constitution is a "barbed-wire entanglement" designed to interfere with, restrict, and impede government officials in the exercise of political power.
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