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Judiciary Quotes

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Judiciary Quotes

“In general, the Fascist and Nazi regimes had no serious difficulty establishing control over public services. They largely protected civil servants’ turf from party intrusion and left their professional identity intact. Civil servants were frequently in broad sympathy with fascist regimes’ biases for authority and order against parliament and the Left, and they appreciated enhanced freedom from legal restraint. Eliminating Jews sometimes opened up career advancement. The police were the key agency, of course. The German police were very quickly removed from the normative state and brought under Nazi Party control via the SS. Himmler, supported by Hitler against rivals and the Ministry of the Interior, which traditionally controlled the police, ascended in April 1933 from political police commander of Bavaria (where he set up the first concentration camp at Dachau) to chief of the whole German police system in June 1936. This process was facilitated by the disgruntlement many German police had felt for the Weimar Republic and its “coddling of criminals,” and by the regime’s efforts to enhance police prestige in the eyes of the public. By 1937, the annual congratulatory “Police Day” had expanded from one day to seven. Initially the SA were deputized as auxiliary Exercising Power police in Prussia, but this practice was ended on August 2, 1933, and the police faced no further threat of dilution from party militants. They enjoyed a privileged role above the law as the final arbiters of their own form of unlimited “police justice.” While the German police were run more directly by Nazi Party chiefs than any other traditional state agency, the Italian police remained headed by a civil servant, and their behavior was little more unprofessional or partisan than under previous governments. This is one of the most profound differences between the Nazi and Fascist regimes. The head of the Italian police for most of the Fascist period was the professional civil servant Arturo Bocchini. There was a political police, the OVRA, but the regime executed relatively few political enemies. Another crucial instrument of rule was the judiciary. Although very few judges were Nazi Party members in 1933, the German magistracy was already overwhelmingly conservative. It had established a solid track record of harsher penalties against communists than against Nazis during the 1920s. In exchange for a relatively limited invasion of their professional sphere by the party’s Special Courts and People’s Court, the judges willingly submerged their associations in a Nazi organization and happily accepted the powerful role the new regime gave them.71 The Italian judiciary was little changed, since political interference had already been the norm under the liberal monarchy. Italian judges felt general sympathy for the Fascist regime’s commitment to public order and national grandeur.”

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Book:The Anatomy of Fascism
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“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.”

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Book:How to Argue and Win Every Time: At Home, At Work, In Court, Everywhere, Every Day
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“Power does not pardon, power punishes.”

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Book:Wealth of Words
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“It was a great relief to be in a federal court. Here the atmosphere of justice prevailed. No one can understand the feeling that comes to a Southern Negro on entering a federal court unless he sees with his own eyes and feels with his own soul the tragic sabotage of justice in the city and state courts of the South. The Negro goes into these courts knowing that the cards are stacked against him. Here he is virtually certain to face a prejudiced jury or a biased judge, and is openly robbed with little hope of redress. But the Southern Negro goes into the federal court with the feeling that he has an honest chance of justice before the law.”

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Book:Stride Toward Freedom: The Montgomery Story
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“Blacks routinely get the worst of it in the judicial process, particularly when they are poor... The United States sentencing commission found that blacks get sentences 19% longer than whites do, for the same offense, even after controlling for criminal history and other variables. The darker an African-American's complexion, the longer the sentence, researchers found. Blacks are also more likely to be found guilty and be sentenced to death.”

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Book:Tightrope: Americans Reaching for Hope
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“When the president theanthropize himself in matters leadership and governance and takes the constitution and its guardians secondary to his decisions, the chief Justice should assume the role of the deicide of the alloyed beast. If he shows signs of the faint-hearted, the judiciary firewalls become weak to not withstand the threats posed by the executive thus turning into the executive's de facto corporation. This is how autocracy is midwived!”

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Author:Njau Kihia
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“It was actually Thomas Jefferson himself who said 'we might as well ask a man to wear the coat that fitted him when he was a boy' as expect future generations to live under what he called 'the regime of their barbarous ancestors.' So even the founders that these kind of dead-hand originalists claim fidelity to understood better than their ideological descendants — today's judicial so-called conservatives — the importance of keeping with the times. And we deserve judges and justices who understand that.”

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Author:Pete Buttigieg
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“Big money and big business, corporations and commerce, are again the undisputed overlords of politics and government. The White House, the Congress and, increasingly, the judiciary, reflect their interests. We appear to have a government run by remote control from the U.S. Chamber of Commerce, the National Association of Manufacturers and the American Petroleum Institute. To hell with everyone else.”

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Author:Bill Moyers
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“If we are to avoid that catastrophe [a nuclear World War III], a system of world order — preferably a system of world government — is mandatory. The proud nations someday will see the light and, for the common good and their own survival, yield up their precious sovereignty, just as America's thirteen colonies did two centuries ago. When we finally come to our senses and establish a world executive and parliament of nations, thanks to the Nuremburg precedent we will already have in place the fundamentals for the third branch of government, the judiciary.”

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Author:Walter Cronkite
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“That the legislative and executive powers of the State should be separate and distinct from the judiciary; and that the members of the two first may be restrained from oppression, by feeling and participating the burdens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections, in which all, or any part of the former members, to be again eligible, or ineligible, as the laws shall direct.”

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Author:George Mason
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“We want to determine whether he understands the inherent limits that make an unelected Judiciary inferior to Congress or the President in making policy judgments. That, for example, a judge will never be in the best position to know what is in the national security interests of our country.”

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Author:Alberto Gonzales
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“The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.... There should be, therefore, great resistance to ... redefining the category of rights deemed to be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority to govern the country without express constitutional authority.”

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Author:Byron White
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“I will appoint men and women to the Federal judiciary who share my view of unborn children as constitutionally protected and who will unhesitatingly vote to overturn Roe v. Wade. If nominated by my party, I will select my running mate from among a list of men and women fully committed to protection of the unborn.”

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Author:Gary Bauer
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