The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges views of fairness, reasonableness, or justice. I have no fear of constitutional amendments properly adopted, but I do fear the rewriting of the Constitution by judges under the guise of interpretation.
Hugo BlackRelated topics
constitutional fairness fear interpretation justice public reasonableness under Judges rewritingRelated quotes
To hinder, besides, the farmer from selling his goods at all times to the best market, is evidently to sacrifice the ordinary laws of justice to an idea of public utility, to a sort of reasons of state; an act of legislative authority which ought to be exercised only, which can be pardoned only in cases of the most urgent necessity.
Adam Smith
The principle of Parliamentary sovereignty means neither more nor less than this, namely, that Parliament thus defined has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.
A. V. Dicey
The question is - and this is what Barack Obama didn't want to answer - is that human life a person under the Constitution? And Barack Obama says "no". Well if that person - human life is not a person - then I find it almost remarkable for a black man to say, "we're going to decide who are people and who are not people".
Rick Santorum
I simply cannot stand by and watch a right guaranteed by the Constitution of the United States come under attack from those who either can't understand it, don't like the sound of it, or find themselves too philosophically squeamish to see why it remains the first among equals: Because it is the right we turn to when all else fails. That's why the Second Amendment is America's first freedom.
Charlton Heston
Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault.
Robert H. Jackson