Judicial Review Quotes by Sam Brownback, Murray Rothbard, Robert Bork, Thomas Jefferson, Byron White, Patrick Leahy and many others.
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.
Now judicial review, beloved by conservatives, can, of course, fulfill the excellent function of declaring government interventions and tyrannies unconstitutional. But it can also validate and legitimize the government in the eyes of the people by declaring these actions valid and constitutional.
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.
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.
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.
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.
The Court’s legitimacy arises from the source of its authority – which is, of course, the Constitution – and is best preserved by adhering to decision methods that neither expand nor contract but legitimize the power of judicial review.
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.
American citizens have been killed abroad by drones with no due process, no accountability, no judicial review.
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.
If judicial review means anything, it is that judicial restraint does not allow everything.
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.
[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.
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.
It is emphatically the province and duty of the Judicial Department to say what the law is.