Yquotes.com

 

On legislating from the bench: Evidently, the governing standard is to be what might be called the unfettered wisdom of a majority of this Court, revealed to an obedient people on a case-by-case basis.
--
Morrison v. Olson, 487 U.S. 654 (1988) (dissenting).

 

Antonin Scalia

» Antonin Scalia - all quotes »

Similar quotes

 

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

 

Feingold shows a knack for thinking through issues on a case-by-case basis instead of marching in a partisan parade.

 

Russ Feingold

 

On Judicial activism: The Court must be living in another world. Day by day, case by case, it is busy designing a Constitution for a country I do not recognize

 

Antonin Scalia

 

[T]he constitution controls any legislative act repugnant to it. . . . It is emphatically the province and duty of the judicial department to say what the law is. . . . So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution disregarding the law; the court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty. . . . Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions . . . It would be giving the legislature a practical and real omnipotence . . . The judicial power of the United States is extended to all cases arising under the constitution.

 

John Marshall

 

My philosophy has been and continues to be that [the Court] cannot and should not try to seize the initiative in shaping the policy of the law, either by constitutional interpretation or by statutory construction. While the line to be drawn between interpretation and legislation is difficult, and numerous dissents turn upon it, there is a limit beyond which the Court incurs the just charge of trying to supersede the law-making branches. Every Justice has been accused of legislating and every one has joined in that accusation of others. When the Court has gone too far, it has provoked reactions which have set back the cause it is designed to advance and has sometimes called down upon itself severe rebuke.

 

Robert H. Jackson