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.
Alexander HamiltonRelated topics
act authority body fundamental intermediate interpretation irreconcilable law legislative legislature meaning order proceeding proper province should variance well Judges things LawsRelated quotes
The Charter was regarded as important because it assigned definite and practical remedies to temporary evils. There was very little that was abstract in its terms, less even than later generations supposed.... A King had been brought to order, not by a posse of reactionary feudalists, but the community of the land under baronial leadership; a tyrant had been subjected to the laws which hitherto it had been his private privilege to administer and to modify at will. A process had begun which was to end in putting the power of the Crown into the hands of the community at large.
G. M. Trevelyan
In [Aristotle's] formal logic, thought is organized in a manner very different from that of the Platonic dialogue. In this formal logic, thought is indifferent toward its objects. Whether they are mental or physical, whether they pertain to society or to nature, they become subject to the same general laws of organization, calculation, and conclusion - but they do so as fungible signs or symbols, in abstraction from their particular "substance." This general quality (quantitative quality) is the precondition of law and order - in logic as well as in society - the price of universal control.
Herbert Marcuse
Justice White's conclusion is perhaps correct, if one assumes that the task of a court of law is to plumb the intent of the particular Congress that enacted a particular provision. That methodology is not mine nor, I think, the one that courts have traditionally followed. It is our task, as I see it, not to enter the minds of the Members of Congress - who need have nothing in mind in order for their votes to be both lawful and effective - but rather to give fair and reasonable meaning to the text of the United States Code, adopted by various Congresses at various times.
Antonin Scalia
But it is recognized that punishment for the abuse of the liberty accorded to the press is essential to the protection of the public, and that the common law rules that subject the libeler to responsibility for the public offense, as well as for the private injury, are not abolished by the protection extended in our constitutions. The law of criminal libel rests upon that secure foundation. There is also the conceded authority of courts to punish for contempt when publications directly tend to prevent the proper discharge of judicial functions.
Charles Evans Hughes
The mathematical thermology created by Fourier may tempt us to hope that, as he has estimated the temperature of the space in which we move, me may in time ascertain the mean temperature of the heavenly bodies: but I regard this order of facts as for ever excluded from our recognition. We can never learn their internal constitution, nor, in regard to some of them, how heat is absorbed by their atmosphere. We may therefore define Astronomy as the science by which we discover the laws of the geometrical and mechanical phenomena presented by the heavenly bodies.
Auguste Comte