Yquotes.com

 

For a century every contest with the Supreme Court has ended in evading the basic inconsistency between popular government and judicial supremacy.
--
P. vii.

 

Robert H. Jackson

» Robert H. Jackson - all quotes »

Similar quotes

 

If the States may tax one instrument, employed by the Government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom house; they may tax judicial process; they may tax all the means employed by the Government to an excess which would defeat all the ends of Government. This was not intended by the American people. They did not design to make their Government dependent on the States. [...] If the controlling power of the States be established, if their supremacy as to taxation be acknowledged, what is to restrain their exercising control in any shape they may please to give it? Their sovereignty is not confined to taxation; that is not the only mode in which it might be displayed. The question is, in truth, a question of supremacy, and if the right of the States to tax the means employed by the General Government be conceded, the declaration that the Constitution and the laws made in pursuance thereof shall be the supreme law of the land is empty and unmeaning declamation.

 

John Marshall

 

I've chosen not to challenge the rule of law, because in our system there really is no intermediate step between a Supreme Court decision and violent revolution. When the Supreme Court makes a decision, no matter how strongly one disagrees with it, one faces a choice — are we, in John Adams' phrase, a nation of laws, or is it a contest made on raw power?

 

Al Gore

 

The Supreme Court of Florida has said that the legislature intended the State's electors to "participat[e] fully in the federal electoral process," as provided in 3 U. S. C. §5. That statute, in turn, requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by December 12. That date is upon us, and there is no recount procedure in place under the State Supreme Court's order that comports with minimal constitutional standards. Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed. Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy.

 

Anthony Kennedy

 

For over a century it has been the settled doctrine of the Supreme Court that the principle of stare decisis has only limited application in constitutional cases. It might be thought that if any law is to be stabilized by a court decision it logically should be the most fundamental of all law -- that of the Constitution. But the years brought about a doctrine that such decisions must be tentative and subject to judicial cancellation if experience fails to verify them. The result is that constitutional precedents are accepted only at their current valuation and have a mortality rate almost as high as their authors.

 

Robert H. Jackson

 

Of course, the popular vote was in my favour, and the outcome in the electoral college was not driven by an effort to count every vote that was cast, because the counting was truncated by a Supreme Court decision. In the American system, unfortunately there is no intermediate step between a Supreme Court decision and violent revolution.
Given those two remaining alternatives, I took the advice of Winston Churchill, who said that the American people generally do the right thing after first exhausting every available alternative. Choosing to live under the rule of law seemed to be the only alternative remaining, even though I strongly, strongly disagreed with the Supreme Court decision. Historians and scholars will put that decision in its own separate category.

 

Al Gore