Quotes & Sayings About Judicial Review

Exceptions to the traditions of dumpy dignity and fake learnedness in law review writing are as rare as they are beautiful. Once in a while a Thomas Reed Powell gets away with an imaginary judicial opinion that gives a real twist to the lion's tail. Once in a while a Thurman Arnold forgets his footnotes as though to say that if people do not believe or understand him that is their worry and not his. But even such mild breaches of etiquette as these are tolerated gingerly and seldom, and are likely to be looked at a little askance by the writers' more pious brethren. — Fred Rodell

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

We will submit legislation to the United States Senate which will ... authorize the Congress to undertake judicial review of those signing statements with the view to having the president's acts declared unconstitutional. — Arlen Specter

Once the Constitution became a legal rather than a political document, judicial review, although not judicial supremacy, became inevitable. — Gordon S. Wood

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

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

There are really only two standards of appellate review: plenary and deferential. Conventionally there are four basic standards (with many variants), which in ascending order of deference to the trial court or administrative agency are de novo, clearly erroneous, substantial evidence, and abuse of discretion. But the last three are, in practice, the same, because finer distinctions are beyond judges' cognitive capacity. The multiplication of unusual distinctions is a familiar judicial pathology. — Richard A. Posner

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

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. — Robert Bork

A decision by the Supreme Court to subject Guantanamo to judicial review would eliminate these advantages. — John Yoo

Judicial review has been a part of our democracy in this constitutional government for over 200 years. — Ron Kind

It is especially imperative for Congress to exercise careful judgment in this area, because of the difficulty under existing laws, in obtaining judicial review of Postal Service abuses ... We strongly oppose the legislation's infringement of rights guaranteed under the First, Fourth, and Fifth Amendments to the Constitution. — John Shattuck

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

When we recognize that legal rules are simply formulae describing uniformities of judicial decision, that legal concepts likewise are patterns or functions of judicial decisions, that decisions themselves are not products of logical parthenogenesis born of pre-existing legal principles but are social events with social causes and consequences, then we are ready for the serious business of appraising law and legal institutions in terms of some standard of human values.
Felix Cohen, Columbia Law Review, 1935 — Felix S. Cohen

Now judicial review, beloved by conservatives, can, of course, fulfill the excellent function of declaring government interventions and tyrannies unconstitutional. But it can also validate and legitimize the government in the eyes of the people by declaring these actions valid and constitutional. — Murray Rothbard

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

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

The presumption took hold and grew ever firmer that it was the business of government to find solutions to all such problems. Any minister who sought to say that there was nothing that he could or should try to do about them was at once forced on to his defensive back foot by media and parliamentary pressure. At the same time, more citizens were ready to complain about the shortcomings of existing services, and more numerous and competent pressure groups, like the claimants' unions I had come across in supplementary benefits, arose to pursue their complaints. To cap it all, the courts began, and went on to widen, the practice of subjecting the administrative decisions of ministers to judicial review. No wonder that the ministers themselves, also wilting (as their American and French counterparts were not) under the pressures of increasing parliamentary business, found themselves in difficulties. — Richard Wilding

If people around the world knew how well people at Guantanamo Bay are treating prisoners, they would not fall prey to the accusations that some in our Chamber are making. They are all receiving judicial review. — Robin Hayes

When justices seize authority from the other branches of the federal government, as well as state and local governments, under the rubric of judicial review, that's tyranny. — Mark Levin

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. — Lee Kuan Yew

Appellate review is not a magic wand and we undermine public confidence in the judicial process when we make it look like it is. — Alex Kozinski

Active liberty is particularly at risk when law restricts speech directly related to the shaping of public opinion, for example, speech that takes place in areas related to politics and policy-making by elected officials. That special risk justifies especially strong pro-speech judicial presumptions. It also justifies careful review whenever the speech in question seeks to shape public opinion, particularly if that opinion in turn will affect the political process and the kind of society in which we live. — Stephen Breyer