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Judges who find Constitutional rights the Framers never intended take important issues out of the public space of democratic debate and suspend them in a sort of legal formaldehyde.
--
Speech at University of Vermont, Oct. 8, 2004.

 

Antonin Scalia

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I also am concerned about judges who imagine they see everything in society addressed in the Constitution. It is worth remembering that the Constitution is a very brief document. It defines the structure and authority of the federal government and protects a limited list of sacred rights. It does not, and was never intended to, address every legal issue that might arise in our nation’s history. Democracy is well-served when the Court says, in effect, "the Constitution simply does not comment on this issue." In contrast, constitutionalizing an issue takes it out of the democratic process. If the people disagree with a court decision based on the law, they have a remedy in the political process. Through their elected representatives, they can change the law. But once a court declares a law to be unconstitutional or prohibits some agency action on constitutional grounds, it is limiting the options of the people. Such a step should be taken only where it is clear that the Constitution has truly spoken on the issue and forbidden what the political branches have determined to do.

 

Alberto Gonzales

 

The debates of that great assembly are frequently vague and perplexed, seeming to be dragged rather than to march, to the intended goal. Something of this sort must, I think, always happen in public democratic assemblies.

 

Alexis de Tocqueville

 

In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
In the absence of these safeguards the phrase 'equality before the law', in so far as it is intended to apply to us, is meaningless and misleading. All the rights and privileges to which I have referred are monopolised by whites, and we enjoy none of them. The white man makes all the laws, he drags us before his courts and accuses us, and he sits in judgement over us.

 

Nelson Mandela

 

You don't say 'we're suspending the campaign'! You can't say that! We didn't sus-, you can't, it's the democratic process! We didn't suspend it for 9/11, we didn't suspend it for Pearl Harbor, we didn't suspend it for the Nazis, we didn't suspend it for the damn British! We don't do that in America! We don't! There's no suspending the campaign! Democracy first! First, first, first! First! Democracy, FIRST!

 

Craig Ferguson

 

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.

 

Ronald Reagan