“I do not believe it is the function of the judiciary to step in and change the law because the times have changed. I do well understand the difference between legislating and judging. As a judge, it is not my function to develop public policy.” BelieveWellsLawDifferencesStepsPolicyChangedJudgingFunctionPublic PolicyJudiciaryTimes Have Changed Author:Sandra Day O'Connor
“The proper role of the judiciary is one of interpreting and applying the law, not making it.” LawRolesJudiciaryInterpreting Author:Sandra Day O'Connor
“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.” PeopleShouldFirstsMayTwoStatesFeelingsBodyLawCertainPoliticsTakenReturnPeriodsMembersDirectElectionBurdenOppressionFormerFixedExecutivesStationsParticipatingJudiciaryVacancyExecutive Power Author:George Mason
“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.” ShouldLittlesMadeCountryLawLanguageDealsRightsDesignJudgingAuthorityRootsConstitutionFundamentalsCourtResistanceVulnerableCategoriesJudiciaryConstitutional LawRedefining Author:Byron White