We have erased segregation in those areas of national life to which Federal authority clearly extends. So doing in this, my friends, we have neither sought nor claimed partisan credit, and all such actions are nothing more -- nothing less than the rendering of justice. And we have always been aware of this great truth: the final battle against intolerance is to be fought -- not in the chambers of any legislature -- but in the hearts of men.
The Constitution... meant that its coordinate branches should be checks on each other. But the 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
The legislature have anxiously provided for those most useful and deserving body of men, the seamen and marines of this country.Lord Kenyon, C.J., Turtle v. Hartwell (1795), 6 T. R. 429.
National unity is the basis of national security. To deny the legislature the right to select appropriate means for its attainment presents a totally different order of problem from that of the propriety of subordinating the possible ugliness of littered streets to the free expression opinion through handbills.felix frankfurter
All anyone needs to enjoy the state legislature is a strong stomach and a complete insensitivity to the needs of the people. As long as you don’t think about what that peculiar body should be doing and what it actually is doing to the quality of life in Texas, then it’s all marvelous fun.molly ivins
Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between church and State.thomas jefferson
Whether a law be void for its repugnancy to the Constitution, is, at all times, a question of much delicacy, which out seldom, if ever, to be decided in the affirmative, in doubtful case. ... But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.john marshall
The Pennsylvania legislature, who, on a proposition to make the belief in God a necessary qualification for office, rejected it by a great majority, although assuredly there was not a single atheist in their body. And you remember to have heard, that when the act for religious freedom was before the Virginia Assembly, a motion to insert the name of Jesus Christ before the phrase, "the author of our holy religion," which stood in the bill, was rejected, although that was the creed of a great majority of them.Thomas Jefferson, Letter to Albert Gallatin (June 16, 1817). Published in The Works of Thomas Jefferson in Twelve Volumes, Federal Edition, Paul Leicester Ford, ed., New York: G. P. Putnam's Sons, 1904, Vol. 12, p. 73.
No one can have greater respect for the independence of the legislative power than I:;: but legislation does not mean finance, criticism of the administration, or ninety-nine out of the hundred things with which in England the Parliament occupies itself. The legislature should legislate, i.c., construct grand laws on scientific principles of jurisprudence, but it must respect the independence of the Executive as it desires its own independence to be respected. It must not criticise the Government, and, as its legislative labours are essentially of a scientific kind, there can be no reason why its debates should be reported."Napoleon Bonaparte, to Sieves, quoted by Sir J. Seeley in "Introduction to Political Science," 216.
Our business is to determine of meum and tuum , where the heats do not run so high, as in things belonging to the legislature.Powys, J., Ashby v. White (1703), 2 Raym. 946.
When counsel addresses an argument on the ground of natural justice to a Court of law, he addresses it to the wrong tribunal. It may be a good argument for inducing the legislature to alter the law; but in a Court of law all that we can deal with is the law of the land as we find it.North, J., In re Gregson (1887), L. J. 57 C. D. 223.
The way to secure liberty is to place it in the people's hands, that is, to give them the power at all times to defend it in the legislature and in the courts of justice .John Adams , in The New-York magazine; or, Literary repository, p.85
In effect, to follow, not to force the public inclination; to give a direction, a form, a technical dress, and a specific sanction, to the general sense of the community , is the true end of legislature.Edmund Burke, in Political Representation in the Later Middle Ages: Marsilius in Context, p.17
I don't think you can make a lawyer honest by an act of legislature. You've got to work on his conscience. And his lack of conscience is what makes him a lawyer.Will Rogers, in Law and the Web of Society, p.39
Public opinion is stronger than the legislature, and nearly as strong as the ten commandments.Charles Dudley Warner, in How to Interpret History, p.161
If the legislature have not gone far enough, it is for them, not for us, to remedy the defect.Chambre, J., Grigby v. Oakes (1801), 1 Bos. & Pull. 529.
It is for the legislature to alter the law if Parliament in its wisdom thinks an alteration desirable.Lord Macnaghten, Hamilton v. Baker, "The Sara" (1889), L. R. 14 Ap. Ca. 227.
To abolish a well-established rule of law because it is a bad rule, is the business of the legislature.Stephen, J., Reg. v. Coney and others (1882), 15 Cox, C. C. 59.
However we might wish to provide for every hardship that may occur, we are bound to put that construction on the Act that the legislature intended.Orose, J., Farmer v. Legg (1797), 7 T. B. 193.
"The opinion of the Court, after mature deliberation, is that this is a contract, the obligation of which cannot be impaired without violating the Constitution of the United States. ... It results from this opinion that the acts of the legislature of New Hampshire, which are stated in the special verdict found in this cause, are repugnant to the Constitution of the United States"John Marshall, Chief Justice, Dartmouth College v. Woodward, 1819
It was in old days, with our learned men, an interesting and oft-investigated question, "What is the origin of light?" and the solution of it has been repeatedly attempted, with no other result than to crowd our lunatic asylums with the would-be solvers. Hence, after fruitless attempts to suppress such investigations indirectly by making them liable to a heavy tax, the legislature, in comparatively recent times, absolutely prohibited them.edwin abbot
I disclaim the power of legislation which is asserted to exist in this Court, and I say that, if such a right is to be created, it must be created by the legislature properly so called.Jessel, M.R., Day v. Brownrigg (1878), L. R. 10 C. D. 302.
Jackie Biskupski is running for a seat in the Utah legislature, and she's attracting a lot of attention because she's a lesbian. Her Republican opponent, Dan Alderson, is a staunch Mormon, and is running a negative ad campaign calling her lifestyle abnormal and deviant. His six wives agree.Rick Mercer, This Hour Has 22 Minutes, October 12, 1998
In their desire to check dishonest and reckless trading Courts must be careful not to put tighter fetters on companies than the legislature has authorised.Lindley, J., Verner v. General and Commercial Investment Trust (1894), L. R. 2 Ch. 267.
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