“Lawyers, before any other group, must continue to point out how the system is really working-how it actually affects real people. They must constantly demonstrate to courts and legislatures alike the tragic results of legal nonintervention. They must highlight how legal doctrines no longer bear any relation to reality, whether in landlord and tenant law, holder in due course law, or any other law. In sum, lawyers must bring real morality into the legal consciousness” PeopleRealRealityLawCoursesResultsConsciousnessGroupsBearsMoralityEthicsRelationCourtDuesLawyerDoctrineTragicLegislatureHighlightsLandlordTenantsLegal Ethics Author:William J. Brennan
“Whether a law be void for its repugnancy to the Constitution, is, at all times, a question of much delicacy, which out seldom, if ever, to be decided in the affirmative, in doubtful case. ... But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.” IfsFeelsShouldLawStrongCasesClearJudgingDecidedConstitutionConvictionAll TimeOppositionVoidVagueImplicationsLegislatureDoubtfulDelicacyAffirmativeConjectureIncompatibility Author: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.” GivingSaidLawPurposeCoursesEffectsJudgingDutyExerciseInstrumentsCourtMereLegislatureDiscretionJudicialDiscerningJudicial Power Author:John Marshall
“Legislatures have no right to set up an inquisition and examine into the private opinions of men. Test-laws are useless and ineffectual, unjust and tyrannical.” MenLawOpinionAtheismTestsPositive AtheismUselessUnjustLegislatureInquisition Author:Oliver Ellsworth
“Presidents Lincoln, Jefferson, Jackson, presidents have understood that the Supreme Court cannot make a law. They cannot make it. The legislature has to make it, the executive branch has to sign it and enforce it.” LawPresidentUnderstoodCourtSupremeBranchesExecutivesSupreme CourtLegislatureExecutive BranchPresident Lincoln Author:Mike Huckabee