Yquotes.com

 

The major premise of the conclusion expressed in a statute, the change of policy that induces the enactment, may not be set out in terms, but it is not an adequate discharge of duty for courts to say: We see what you are driving at, but you have not said it, and therefore we shall go on as before.
--
Johnson v. United States, 163 F. 30 (1st Cir. 1908) (Justice Holmes sitting by designation as a judge of the First Circuit).

 

Oliver Wendell Holmes

» Oliver Wendell Holmes - all quotes »

Similar quotes

 

The major challenges of climate change, the major challenge of the economy and manufacturing, the major challenges in education, and how do we turbo-charge our national education system to create the knowledge base for the future of the Australian economy. These are the sorts of areas that you're going to see detailed policy plans from us in the weeks and months ahead...

 

Kevin Rudd

 

There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No Legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the Representatives of the People are superior to the People themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid. If it be said that the Legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered, that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution. It is not otherwise to be supposed, that the Constitution could intend to enable the Representatives of the People to substitute their will to that of their constituents. It is far more rational to suppose, that the Courts were designed to be an intermediate body between the People and the Legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the Courts. A Constitution is, in fact, and must be regarded by the Judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular Act proceeding from the Legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or in other words, the Constitution ought to be preferred to the statute, the intention of the People to the intention of their agents. Nor does this conclusion by any means suppose a superiority of the Judicial to the Legislative power. It only supposes that the power of the People is superior to both; and that where the will of the Legislature, declared in its statutes, stands in opposition to that of the People, declared in the Constitution, the Judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental. [...] whenever a particular statute contravenes the Constitution, it will be the duty of the Judicial tribunals to adhere to the latter and disregard the former.

 

Alexander Hamilton

 

It is well to start by distinguishing the few really great – the major novelists who count in the same way as the major poets, in the sense that they not only change the possibilities of the art for practitioners and readers, but that they are significant in terms of the human awareness they promote; awareness of the possibilities of life.

 

F. R. Leavis

 

The duty of the moment is what you should be doing at any given time, in whatever place God has put you. You may not have Christ in a homeless person at your door, but you may have a little child. If you have a child, your duty of the moment may be to change a dirty diaper. So you do it. But you don’t just change that diaper, you change it to the best of your ability, with great love for both God and that child.... There are all kinds of good Catholic things you can do, but whatever they are, you have to realize that there is always the duty of the moment to be done. And it must be done, because the duty of the moment is the duty of God.

 

Catherine Doherty

 

There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary to public interest. This strange doctrine is not supported by statute or common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back.

 

Robert A. Heinlein