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I know no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.
--
Letter to William Charles Jarvis, (28 September 1820).

 

Thomas Jefferson

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Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exericised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law.

 

John Marshall

 

Discretion, like the hole in a doughnut, does not exist except as an area left open by a surrounding belt of restriction. It is therefore a relative concept. It always makes sense to ask, "Discretion under which standards?" or "Discretion as to which authority?"

 

Ronald Dworkin

 

At the same time that I think discretion the most useful talent a man can be master of, I look upon cunning to be the accomplishment of little, mean, ungenerous minds. Discretion points out the noblest ends to us, and pursues the most proper and laudable methods of attaining them: cunning has only private selfish aims, and sticks at nothing which may make them succeed. Discretion has large and extended views, and, like a well-formed eye, commands a whole horizon: cunning is a kind of short-sightedness, that discovers the minutest objects which are near at hand, but is not able to discern things at a distance. Discretion the more it is discovered, gives a greater authority to the person who possesses it: cunning, when it is once detected, loses its force, and makes a man incapable of bringing about even those events which he might have done had he passed only for a plain man. Discretion is the perfection of reason, and a guide to us in all the duties of life: cunning is a kind of instinct, that only looks out after our immediate interest and welfare. Discretion is only found in men of strong sense and good understandings, cunning is often to be met with in brutes themselves, and in persons who are but the fewest removes from them.

 

Joseph Addison

 

I cannot and do not live in the world of discretion, not as a writer, anyway. I would prefer to, I assure you — it would make life easier. But discretion is, unfortunately, not for novelists.

 

Philip Roth

 

We admit, as all must admit, that the powers of the Government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion with respect to the means by which the powers it confers are to be carried into execution which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.

 

John Marshall