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Francis Bacon

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Judges ought to remember, that their office is jus dicere, and not jus dare; to interpret law, and not to make law, or give law.
--
Of Judicature.

 
Francis Bacon

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Let the man who has to make his fortune in life remember this maxim. Attacking is his only secret. Dare, and the world always yields: or, if it beat you sometimes, dare again, and it will succumb.

 
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I have never given a litmus test to anyone that I have appointed to the bench.... I feel very strongly about those social issues, but I also place my confidence in the fact that the one thing that I do seek are judges that will interpret the law and not write the law. We've had too many examples in recent years of courts and judges legislating. They're not interpreting what the law says and whether someone has violated it or not. In too many instances, they have been actually legislating by legal decree what they think the law should be, and that I don't go for. And I think that the two men that we're just talking about here, Rehnquist and Scalia, are interpreters of the Constitution and the law.

 
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I understand Justice Scalia's jurisprudence to begin with a proposition that we should all agree to — namely, that judges should try to interpret the law correctly, and without personal or political bias.

 
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When, at the age of eighteen, I was the manager of the Postal Telegraph office at 21 Taylor Street in San Francisco, I remember having been asked by the clerk there, a man named Clifford, who the hell I thought I was. And I remember replying very simply and earnestly somewhat as follows: If you have ever heard of George Bernard Shaw, if you have ever read his plays or prefaces, you will know what I mean when I tell you that I am that man by another name.
Who is he? I remember the clerk asking.
George Bernard Shaw, I replied, is the tonic of the Christian peoples of the world. He is health, wisdom, and comedy, and that's what I am too.
How do you figure? The clerk said.
Don't bother me, I said. I'm the night manager of this office and when I tell you something it's final.

 
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When I want my men to remember something important, to really make it stick, I give it to them double dirty. It may not sound nice to some bunch of little old ladies at an afternoon tea party, but it helps my soldiers to remember. You can't run an army without profanity; and it has to be eloquent profanity. An army without profanity couldn't fight its way out of a piss-soaked paper bag. ... As for the types of comments I make, sometimes I just, By God, get carried away with my own eloquence.

 
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