A Quote by Eric Adams
When it comes to revamping our bail laws, we can't rely on judicial discretion alone.
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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.
Most high courts in other nations do not have discretion, such as we enjoy, in selecting the cases that the high court reviews. Our court is virtually alone in the amount of discretion it has.
Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exericised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law.
I can only express the hope that faith in the judicial system will never be diminished, and I am sure it will not, so long as we allow a review of the judicial processes that takes place here in some other tribunal where obviously undue influence cannot be brought to bear. As long as governments are wise enough to leave alone the rights of appeal to some superior body outside Singapore, then there must be a higher degree of confidence in the integrity of our judicial process. This is most important.
That's the whole point of... of prosecutorial discretion in the judicial system. It's finding a just outcome in an individual case.
The United States can no longer rely upon foreign nations such as China to bail us out of our economic irresponsibility. We must live within our means and implement creative, free-market solutions to put Americans back in jobs and to create economic opportunities.
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.
Though this motion for a new trial is an application to the discretion of the Court, it must be remembered that the discretion to be exercised on such an occasion is not a wild but a sound discretion, and to be confined within those limits within which an honest man, competent to discharge the duties of his office, ought to confine himself. And that discretion will be best exercised by not deviating from the rules laid down by our predecessors; for the practice of the Court forms the law of the Court.
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.
To suppose arms in the hands of citizens, to be used at individual discretion, except in private self-defense, or by partial orders of towns, counties or districts of a state, is to demolish every constitution, and lay the laws prostrate, so that liberty can be enjoyed by no man; it is a dissolution of the government. The fundamental law of the militia is, that it be created, directed and commanded by the laws, and ever for the support of the laws.
It's clear that the laws intended to allow victims to have their cases heard - including our civil rights laws, our criminal laws and our civil justice laws - too often have the opposite effect. These laws are clearly rooted in a false assumption that those in power can do no wrong.
Once they are charged, too many poor New Yorkers find themselves trapped by our unjust bail system. Unable to pay for bail, they languish in Rikers Island or other jails while they await trial, regardless of guilt.
With the enormous and steady increase in the volume of our literature, we must rely more and more upon sympathetic selection, judicious editing, and the indexer who knows where to exercise discretion. Any simpleton can write a book, but it requires high skill to make an index.
Discretion, like the hole in a doughnut, does not exist except as an area left open by a surrounding belt of restriction. It is therefore a relative concept. It always makes sense to ask, "Discretion under which standards?" or "Discretion as to which authority?
As there is no spiking-the-football exception to our open-records laws, Judicial Watch initiated a federal court battle with the administration over the release of postmortem images of bin Laden and his alleged burial at sea.
Judicial excellence means that a Supreme Court justice must have a sense of the values from which our core of our political- economic system goes. In other words, we should not approve any nominee whose extreme judicial philosophy would undermine rights and liberties relied upon by all Americans.
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