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Judicial Power Quotes & Sayings

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Top Judicial Power Quotes

Judicial Power Quotes By Mark C. Miller

the American system of checks and balances disperses federal lawmaking authority among multiple, overlapping political forums. As a result, federal policymaking power is shared: Congress is given the primary power to draft laws, subject to the president's veto and judicial review; the executive branch is given the primary power to implement laws, subject to congressional oversight and judicial review; and the courts have the primary power to interpret laws, subject to a variety of legislative and executive checks, including the appointment process, budgetary powers, and the passage of "overrides"-laws that explicitly reverse or materially modify existing judicial interpretations of statutes. — Mark C. Miller

Judicial Power Quotes By John Marshall

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. — John Marshall

Judicial Power Quotes By William Batchelder Greene

The rule of God is not tyranny, for it does not partake of a political or governmental character
it is not a rule of authority. God is not a governor of the universe, for a governor rules over those of a like nature with himself, and exercises a political and judicial power, while God exercises a creative, a preserving, and a determinative power of an altogether different kind. If I am a servant of God, I am under no tyranny; for God does not govern, but supports, sustains, and directs me. — William Batchelder Greene

Judicial Power Quotes By John Grisham

In Ake v. Oklahoma, the Court said: When a State brings its judicial power to bear on an indigent defendant in a criminal proceeding, it must take steps to assure that the defendant has a fair opportunity to present his defense ... . Justice cannot be equal where, simply as a result of his poverty, a defendant is denied the opportunity to participate meaningfully in a judicial proceeding in which his liberty is at stake. — John Grisham

Judicial Power Quotes By Feisal Abdul Rauf

What's brilliant about the United States system of government is separation of power. Not only the executive, legislative, judicial branches, but also the independence of the military from civilians, an independent media and press, an independent central bank. — Feisal Abdul Rauf

Judicial Power Quotes By Phyllis Schlafly

Now that judges embrace forcibly starving someone to death, Congress should use its appropriation power to starve the judicial budget. — Phyllis Schlafly

Judicial Power Quotes By John Adams

The dignity and stability of government in all its branches, the morals of the people, and every blessing of society depend so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both the legislative and executive, and independent upon both, that so it may be a check upon both, as both should be checks upon that. — John Adams

Judicial Power Quotes By Herb Kohl

Judicial excellence requires candor before confirmation. We are being asked to give the nominee enormous power. — Herb Kohl

Judicial Power Quotes By Joseph Sobran

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

Judicial Power Quotes By Noah Feldman

The administration of George W. Bush, emboldened by the Sept. 11 attacks and the backing of a Republican Congress, has sought to further extend presidential power over national security. Most of the expansion has taken place in secret, making Congressional or judicial supervision particularly difficult. — Noah Feldman

Judicial Power Quotes By Patrick Henry

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. — Patrick Henry

Judicial Power Quotes By Alexis De Tocqueville

When, after having examined in detail the organization of the Supreme Court, one comes to consider in sum the prerogatives that have been given it, one discovers without difficulty that a more immense judicial power has never been constituted in any people. — Alexis De Tocqueville

Judicial Power Quotes By Pius Langa

The difference between the past and the present is that individual freedom and security no longer fall to be protected solely through the D vehicle of common-law maxims and presumptions which may be altered or repealed by statute, but are now protected by entrenched constitutional provisions which neither the Legislature nor the Executive may abridge. It would accordingly be improper for us to hold constitutional a system which, as Sachs J has noted, confers on creditors the power to consign the person of an impecunious debtor to prison at will and without the interposition at the crucial time of a judicial officer. — Pius Langa

Judicial Power Quotes By William J. Bennett

And line of cases. Justice Byron R. "Whizzer" White, a JFK appointee, dissented, calling Doe an act of "raw judicial power," as it took these decisions from the states and enshrined their determination in the Supreme Court's reasoning. — William J. Bennett

Judicial Power Quotes By Patrick Leahy

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

Judicial Power Quotes By Gerry Spence

If logic and reason, the hard, cold products of the mind, can be relied upon to deliver justice or produce the truth, how is it that these brain-heavy judges rarely agree? Five-to-four decisions are the rule, not the exception. Nearly half of the court must be unjust and wrong nearly half of the time. Each decision, whether the majority or minority, exudes logic and reason like the obfuscating ink from a jellyfish, and in language as opaque. The minority could have as easily become the decision of the court. At once we realize that logic, no matter how pretty and neat, that reason, no matter how seemingly profound and deep, does not necessarily produce truth, much less justice. Logic and reason often become but tools used by those in power to deliver their load of injustice to the people. And ultimate truth, if, indeed, it exists, is rarely recognizable in the endless rows of long words that crowd page after page of most judicial regurgitations. — Gerry Spence

Judicial Power Quotes By Douglass North

The supremacy of Parliament and the embedding of property rights in Common Law put political power in the hands of men anxious to exploit the new economic opportunities and provided the framework for a judicial system to protect and encourage productive economic activity — Douglass North

Judicial Power Quotes By Alexis De Tocqueville

Three circumstances seem to me to contribute more than all others to the maintenance of the democratic republic in the United States.
The first is that federal form of government which the Americans have adopted, and which enables the Union to combine the power of a great republic with the security of a small one.
The second consists in those township institutions which limit the despotism of the majority and at the same time impart to the people a taste for freedom and the art of being free.
The third is to be found in the constitution of the judicial power. I have shown how the courts of justice serve to repress the excesses of democracy, and how they check and direct the impulses of the majority without stopping its activity. — Alexis De Tocqueville

Judicial Power Quotes By Joseph Howe

Such a prostitution of judicial power can never occur again under the shadow of the British law, for no jury within the wide circle of the empire would submit to such an infraction of their privilege, even if a judge could be found daring enough to attempt it. — Joseph Howe

Judicial Power Quotes By Alexander Hamilton

If there are such things as political axioms, the propriety of the judicial power of a government being co-extensive with its legislative, may be ranked among the number. — Alexander Hamilton

Judicial Power Quotes By Jed S. Rakoff

An application of judicial power that does not rest on facts is worse than mindless, it is inherently dangerous. If its deployment does not rest on facts - cold, hard, solid facts, established either by admissions or by trials - it serves no lawful or moral purpose and is simply an engine of oppression. — Jed S. Rakoff

Judicial Power Quotes By Henrietta Newton Martin

the creative power of the judicial system in shaping the law cannot be overlooked entirely. This factor needs to be consciously accepted as one of the elements in shaping the legal system and the laws, however, without least opposing the Supremacy of the Sovereign statutes promulgated in the land.The chasm in the contemporaneous legal scheme and the legislation in Oman harbingers for such a practice to secure the ends of justice, probability of decisions to be given primacy rather than approximation to a model format. — Henrietta Newton Martin

Judicial Power Quotes By Howard Zinn

A jury is always a more orthodox body than any defendant brought before it; for blacks it is usually a whiter group, for poor people, a more prosperous group ...
Another lesson about the justice system: the way the judge charges the jury inevitably pushes them one way or the other, limits their independent judgment. — Howard Zinn

Judicial Power Quotes By James Madison

On any other hypothesis, the delegation of judicial power would annul the authority delegating it; and the concurrence of this department with the others in usurped powers, might subvert forever, and beyond the possible reach of any rightful remedy, the very Constitution which all were instituted to preserve. — James Madison

Judicial Power Quotes 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. — Thomas Sowell

Judicial Power Quotes By Ron Paul

Equal justice is forgotten in our current judicial system. Wealth, power, and prestige protect the ruling class. The counterfeiters, the warmongers, and the thieves who steal from the treasury go free. Our prisons are filled will nonviolent drug users and disproportionately by minorities and the poor. — Ron Paul

Judicial Power Quotes By Savo Heleta

I realize that what happened in Bosnia could happen anywhere in the world, particularly in places that are diverse and have a history of conflict. It only takes bad leadership for a country to go up in flames, for people of different ethnicity, color, or religion to kill each other as if they had nothing in common whatsoever. Having a democratic constitution, laws that secure human rights, police that maintain order, a judicial system, and freedom of speech don't ultimately guarantee long lasting peace. If greedy or bloodthirsty leaders come to power, it can all go down. It happened to us. It can happen to you. — Savo Heleta

Judicial Power Quotes By Wilhelm Ropke

Whether in Bolshevism, Fascism, or Nazism, we meet continually with the forcible and ruthless usurpation of the power of the State by a minority drawn from the masses, resting on their support, flattering them and threatening them at the same time; a minority led by a charismatic leader and brazenly identifying itself with the State. It is a tyranny that does away with all the guarantees of the constitutional State, constituting as the only party the minority that has created it, furnishing that party with far-reaching judicial and administrative functions, and permitting within the whole life of the nation no groups, no activities, no opinions, no associations or religions, no publications, no educational institutions, no business transactions, that are not dependent on the will of the Government. — Wilhelm Ropke

Judicial Power Quotes By Thomas Sowell

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

Judicial Power Quotes By Byron White

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

Judicial Power Quotes 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

Judicial Power Quotes By Angelica Hopes

From my keen observation, it is a very sad fact that the Philippines' current administration's drug war crisis has fully pressed the pedal of acceleration to more division, hatred, cycles of violence (copycat killings, summary killings, extra judicial killings, collateral victims of drug war), toxic revenge, and perpetual impunity. ~ Angelica Hopes, reflections on Drug War in the Philippines — Angelica Hopes

Judicial Power Quotes By Ambrose Bierce

EXECUTIVE, n. An officer of the Government, whose duty it is to enforce the wishes of the legislative power until such time as the judicial department shall be pleased to pronounce them invalid and of no effect. — Ambrose Bierce

Judicial Power Quotes By Jamie Fellner

An immigration violation should not give the government license to rip up the rule book. By restricting judicial oversight and blocking public scrutiny, the government has exercised virtually unchecked power over those it has detained. — Jamie Fellner

Judicial Power Quotes By Abraham Lincoln

In this age, in this country, public sentiment is everything. With it, nothing can fail; against it, nothing can succeed. Whoever molds public sentiment goes deeper than he who enacts statutes, or pronounces judicial decisions. — Abraham Lincoln

Judicial Power Quotes By Orrin Hatch

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. — Orrin Hatch

Judicial Power Quotes By William Blackstone

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. — William Blackstone

Judicial Power Quotes By Ruth Bader Ginsburg

All respect for the office of the presidency aside, I assumed that the obvious and unadulterated decline of freedom and constitutional sovereignty, not to mention the efforts to curb the power of judicial review, spoke for itself. — Ruth Bader Ginsburg

Judicial Power Quotes By John C. Calhoun

We ought not to forget that the government, through all its departments, judicial as well as others, is administered by delegated and responsible agents; and that the power which really controls, ultimately, all the movements, is not in the agents, but those who elect or appoint them. — John C. Calhoun

Judicial Power Quotes By Cynthia P. Schneider

The power of protest depends not only on how many turn out, but also on what legislative, judicial, and civil society institutions exist to enact the will of those marching in the streets. — Cynthia P. Schneider