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Judicial Quotes

“Why shouldn't two new Justices be appointed each administration? A re-elected President would then have four opportunities to appoint. At the beginning of each administration, the two oldest Justices would automatically hand in their resignations, to take effect at the President's convenience. Thus new blood would be infused into the Court at regular intervals without rancour, and the Court would normally be renewed every 16 years ... Whenever death or retirement occurred, the President would have an extra appointment.”

“Appeal to all scholars of stupidity in the world. Come to Italy, this country has the highest rate of morons of the universe, especially among political, bureaucratic, judicial, religious, intellectual, artistic, and mass media members, so it is the best place to develop your own field research.”

“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.”

“Egotism erects its center in itself; love places it out of itself in the axis of the universal whole. Love aims at unity, egotism at solitude. Love is the citizen ruler of a flourishing republic, egotism is a despot in a devastated creation. Egotism sows for gratitude, love for the ungrateful. Love gives, egotism lends; and love does this before the throne of judicial truth, indifferent if for the enjoyment of the following moment, or with the view to a martyr's crown--indifferent whether the reward is in this life or in the next.”

“I intend to go right on appointing highly qualified individuals of the highest personal integrity to the bench, individuals who understand the danger of short-circuiting the electoral process and disenfranchising the people through judicial activism.”

“Anarchists generally make use if the word "State" to mean all the collection of institutions, political, legislative, judicial, military, financial, etc., by means of which management of their own affairs, the guidance of their personal conduct, and the care of ensuring their own safety are taken from the people and confided to certain individuals, and these, whether by usurpation or delegation, are invested with the right to make laws over and for all, and to constrain the public to respect them, making use of the collective force of the community to this end.”

“But it is recognized that punishment for the abuse of the liberty accorded to the press is essential to the protection of the public, and that the common law rules that subject the libeler to responsibility for the public offense, as well as for the private injury, are not abolished by the protection extended in our constitutions. The law of criminal libel rests upon that secure foundation. There is also the conceded authority of courts to punish for contempt when publications directly tend to prevent the proper discharge of judicial functions.”

“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.”

“Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault.”

“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.”

“To play with baubles is our ambition, not to deal with grave questions in a spirit of serious energy. But while we are playing with baubles, with our Legislative Councils, our Simultaneous Examinations, our ingenious schemes for separating the judicial from the executive functions, - while we, I say, are finessing about trifles, the waters of the great deep are being stirred and that surging chaos of the primitive man over which our civilised societies are superimposed on a thin crust of convention, is being strangely and ominously agitated.”

“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.”

“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.”

“Men must always have distinguished (e.g. in judicial matters) between hearsay and seeing with one's own eyes and have preferred what one has seen to what he has merely heard from others. But the use of this distinction was originally limited to particular or subordinate matters. As regards the most weighty matters the first things and the right way the only source of knowledge was hearsay.”

“We are deeply concerned about the situation in Russia with regards to human rights. There are several examples of this situation, such as the new law requiring NGOs to register as "foreign agents", the law banning homosexual "propaganda", problems with the rule of law and arbitrary judicial processes, and court rulings against the opposition.”

“I don't believe we need a good conservative judge, and I don't believe we need a good liberal judge. I subscribe to the Justice Potter Stewart standard. He was a justice on the Supreme Court of the United States. And he said the mark of a good judge, good justice, is that when you're reading their decision, their opinion, you can't tell if it's written by a man or woman, a liberal or a conservative, a Muslim, a Jew or a Christian. You just know you're reading a good judicial decision.”

“It is important that Miers not be confirmed unless, in her 61st year, she suddenly and unexpectedly is found to have hitherto undisclosed interests and talents pertinent to the court's role. Otherwise the sound principle of substantial deference to a president's choice of judicial nominees will dissolve into a rationalization for senatorial abdication of the duty to hold presidents to some standards of seriousness that will prevent them from reducing the Supreme Court to a private plaything useful for fulfilling whims on behalf of friends.”

“It's not just that Miers has zero judicial experience. It's that she's so transparently a crony/"diversity" pick while so many other vastly more qualified and impressive candidates went to waste. If this is President Bush's bright idea to buck up his sagging popularity--among conservatives as well as the nation at large--one wonders whom he would have picked in rosier times. Shudder.”

“But then a daring evasion by a leading conveyancer, known as the Lease and Release, received judicial sanction; and commenced a successful career of more than 200 years. The Lease and Release, attributed to Serjeant Moore, was based on the fact that the Statute of Inrolments did not apply to terms of years.”

“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.”