Judicial Review Quotes

• The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left.

  Robert Bork

  Promise, Constitution, Provision

  Robert H. Bork (2009). “The Tempting of America”, p.93, Simon and Schuster

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• To consider judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.

  Thomas Jefferson

  Freedom, Judging, Political

  Thomas Jefferson “Selected letters of Thomas Jefferson”, Lulu.com

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• It is emphatically the province and duty of the Judicial Department to say what the law is.

  John Marshall

  Law, Court, Judicial Branch

  Marbury v. Madison (1803)

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• It is emphatically the province and duty of the judicial department to say what the law is...If two laws conflict with each other, the courts must decide on the operation of each...This is of the very essence of judicial duty.

  John Marshall

  Law, Essence, Two

  Marbury v. Madison, 5 U.S. (1 Cranch) 137, 178, 1803.

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• The Constitution is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.

  Thomas Jefferson

  Patriotic, Hands, Twists

  Thomas Jefferson (1829). “Memoirs, Correspondence and Private Papers of Thomas Jefferson, Late President of the United States”, p.325

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• All respect for the office of the presidency aside, I assumed that the obvious and unadulterated decline of freedom and constitutional sovereignty, not to mention the efforts to curb the power of judicial review, spoke for itself.

  Ruth Bader Ginsburg

  Aggravation, Office, Effort

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• Judicial review has been a part of our democracy in this constitutional government for over 200 years.

  Ron Kind

  Government, Years, Democracy

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• If people around the world knew how well people at Guantanamo Bay are treating prisoners, they would not fall prey to the accusations that some in our Chamber are making. They are all receiving judicial review.

  Robin Hayes

  Fall, People, World

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• [T]he opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their, own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.

  Thomas Jefferson

  Government, Law, Judging

  Thomas Jefferson (1829). “Memoir, correspondence, and miscellanies from the papers of T. Jefferson”

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• Popularity makes no law invulnerable to invalidation. Americans accept judicial supervision of their democracy - judicial review of popular but possibly unconstitutional statutes - because they know that if the Constitution is truly to constitute the nation, it must trump some majority preferences.

  George Will

  Law, Democracy, Majority

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• Our judges are as honest as other men and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps.

  Thomas Jefferson

  Party, Passion, Men

  Thomas Jefferson “Selected letters of Thomas Jefferson”, Lulu.com

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• As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.

  Byron White

  Exercise, Views, Judicial Power

  Doe v. Bolton, 410 U.S. 179 at 222, 1973.

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• When justices seize authority from the other branches of the federal government, as well as state and local governments, under the rubric of judicial review, that’s tyranny.

  Mark Levin

  Government, Justice, Branches

  "Men in Black". Interview with Kathryn Lopez, www.nationalreview.com. February 1, 2005.

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• The constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruption's of time and party, its members would become despots.

  Thomas Jefferson

  Party, Hands, Knowing

  Thomas Jefferson, H. A. Washington (2011). “The Writings of Thomas Jefferson: Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private”, p.178, Cambridge University Press

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• Narrow scope of judicial power was the reason that people accepted the idea that the federal courts could have the power of judicial review; that is, the ability to decide whether a challenged law comports with the Constitution.

  Sam Brownback

  Law, Ideas, People

  U.S. Senate Judiciary Committee Hearing on Judge Samuel Alito's Nomination to the Supreme Court, www.washingtonpost.com. January 9, 2006.

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• She [Justice sandra Day O'Connor] rejected the [George] Bush administration's claim that it could indefinitely detain a United States citizen. She upheld the fundamental principle of judicial review over the exercise of government power.

  Patrick Leahy

  Exercise, Government, Justice

  Source: www.washingtonpost.com

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• Not surprisingly, the federal judiciary nearly always rules in favor of the federal government. Judicial review, contrary to the assurances of its advocates, has hardly restrained Congress at all. Instead it has progressively stripped the states of their traditional powers, while allowing federal power to grow unchecked.

  Joseph Sobran

  Government, Favors, States

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• It is especially imperative for Congress to exercise careful judgment in this area, because of the difficulty under existing laws, in obtaining judicial review of Postal Service abuses. ...We strongly oppose the legislation's infringement of rights guaranteed under the First, Fourth, and Fifth Amendments to the Constitution.

  John Shattuck

  Exercise, Dark, Rights

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• American citizens have been killed abroad by drones with no due process, no accountability, no judicial review.

  Cornel West

  Accountability, Drones, Citizens

  Source: www.chicagotribune.com

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• We will submit legislation to the United States Senate which will...authorize the Congress to undertake judicial review of those signing statements with the view to having the president's acts declared unconstitutional.

  Arlen Specter

  Views, President, United States

  «Bush meets with the Iraqi PM as some in Congress question alliance» by Mark Preston, www.cnn.com. July 26, 2006.

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