Share on Facebook Share on Twitter Comment on this quote Share via Email Print this Page [1-20] of 28 Judiciary quotesJudiciary QuotesJudiciary Next 20 quotes A question arises whether all the powers of government, legislative, executive, and judicial, shall be left in this body? I think a people cannot be long free, nor ever happy, whose government is in one Assembly.~ John Adams Aside from the most committed libertarians, few Americans would list a lack of freedom in their lives as their most pressing concern. That is not to deny that militant leftism, the administrative state, and the imperial judiciary threaten liberty—they most emphatically do. Nor is it to argue that conservatives should not care for liberty. Rather it is to recognize that the average American, including the average Republican voter, is not a libertarian, has come to expect quite a lot from the federal government, and cares as much, if not more, about security than liberty (or opportunity for that matter, unless he is young and on the make).~ David Azerrad Constitutional provisions for the security of person and property should be liberally construed. It is the duty of the courts to be watchful of constitutional rights against any stealthy encroachments thereon.~ Boyd v. U.S. 'Stare decisis' is usually the wise policy.... [b]ut where correction through legislative action is practically impossible, this Court has often overruled its earlier decisions...~ Justice Louis D. Brandeis When, after having examined in detail the organization of the Supreme Court, one comes to consider in sum the prerogatives that have been given it, one discovers without difficulty that a more immense judicial power has never been constituted in any people.~ Alexis de Tocqueville Judicial minds have systematically rejected arguments that clashed with their ideologies. Consequently, the forum of last resort has not checked the excesses of the executive and legislative branches.~ Robert Dowlut Frankly I had thought that at the time Roe was decided, there was concern about population growth and particularly growth in populations that we don’t want to have too many of.~ Ruth Bader Ginsburg No one in America fully understands the constantly changing Internal Revenue Code. Agents of the IRS do not, judges do not, congressmen do not, and most assuredly taxpayers do not.~ G. Edward Griffin [T]he courts in the United States are continually called upon to deal with questions that are purely political and governmental; to enter, partially at least, into the realm of legislation; and to discuss questions of political, economic, and social theory.~ Charles Haines [A] limited Constitution ... can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing ... To deny this would be to affirm … that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.~ Alexander Hamilton I know, may it please your honour, the jury may do so; but I do likewise know they may do otherwise. I know they have the right, beyond all dispute, to determine both the law and the fact; and where they do not doubt the law, they ought to do so. This of leaving it to the judgment of the Court whether the words are libelous or not in effect renders juries useless (to say no worse) in many cases.~ Andrew Hamilton At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account.~ Thomas Jefferson You seem ... to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy... The Constitution has erected no such single tribunal.~ Thomas Jefferson [N]othing in the Constitution has given [the judiciary] a right to decide for the Executive, more than to the executive to decide for them. Both magistracies are equally independent in the sphere of action assigned to them… the opinion which gives to the judges the right to decide what laws are constitutional, and what are not, not only for themselves in their own sphere of action, but for the Legislature & Executive also, in their spheres, would make the judiciary a despotic branch.~ Thomas Jefferson [T]o consider the judges as the ultimate arbiters of all constitutional questions ... would place us under the despotism of an oligarchy.~ Thomas Jefferson Our legislators are not sufficiently apprized of the rightful limits of their power; that their true office is to declare and enforce only our natural rights and duties, and to take none of them from us. No man has a natural right to commit aggression on the equal rights of another; and this is all from which the laws ought to restrain him; every man is under the natural duty of contributing to the necessities of the society; and this is all the laws should enforce on him; and, no man having a natural right to be the judge between himself and another, it is his natural duty to submit to the umpirage of an impartial third. When the laws have declared and enforced all this, they have fulfilled their functions, and the idea is quite unfounded, that on entering into society we give up any natural right.~ Thomas Jefferson When governments use the judiciary to recover “damage,” the courts intrude on the regulatory and revenue responsibilities of legislatures. And when lawsuits based on tenuous legal theories impose high costs on defendants, due process gives way to a form of extortion, with public officials serving as bagmen for private contingency fee lawyers.~ Michael I. Kraus The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.~ James Madison The powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments. It is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, in the administration of their respective powers. It will not be denied, that power is of an encroaching nature, and that it ought to be effectually restrained from passing the limits assigned to it.~ James Madison I acknowledge, in the ordinary course of government, that the exposition of the laws and Constitution devolves upon the judicial. But I beg to know upon what principle it can be contended that any one department draws from the Constitution greater powers than another in marking out the limits of the powers of the several departments.~ James Madison Next 20 quotes Share on Facebook Tweet Email Print