Zitat des Tages über Justiz / Judiciary:
Our runaway judiciary is badly in need of restraint by Congress.
There is a danger to judicial independence when people have no understanding of how the judiciary fits into the constitutional scheme.
And I have been campaigning for the past three months trying to get the Senate Judiciary Committee that has the oversight authority and responsibility to start its own public hearings.
'Empathy' is the latest code word for liberal activism, for treating the Constitution as malleable clay to be kneaded and molded in whatever form justices want. It represents an expansive view of the judiciary in which courts create policy that couldn't pass the legislative branch or, if it did, would generate voter backlash.
We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our property and our liberty and our property under the Constitution.
I sit on the House Judiciary Committee, where we've been actively working on concrete solutions to fix our nation's immigration policy, piece-by-piece.
The judiciary must not take on the coloration of whatever may be popular at the moment. We are guardian of rights, and we have to tell people things they often do not like to hear.
I believe Watergate shows that the system did work. Particularly the Judiciary and the Congress, and ultimately an independent prosecutor working in the Executive Branch.
I think my legacy will be in what most people don't like about me: my style - the separation between judge and lawyers, judge and politics, the real independence of the judiciary from the executive, from the legislative, from money. I'm criticized in Brazil because of that. In the end, I hope to prevail.
The appointment of judges to the higher judiciary cannot be the sole domain of a few members of the higher judiciary. This turf must be shared.
As individuals are best off believing they control their behaviour, the judiciary is best off imputing that control - barring powerful extenuating factors such as mental illness.
None of the constitutional, legal or other principles bars me from returning to the judiciary, since the judiciary remains independent if the actors remain independent and fair.
The review process was conducted in an extremely bipartisan manner. Minority members of the Judiciary Committee were responsible for the invitation of 1/3 of the witnesses who appeared.
The framers of the Constitution were so clear in the federalist papers and elsewhere that they felt an independent judiciary was critical to the success of the nation.
As a result of this article, I was invited to testify in the Senate Judiciary Committee on privacy law.
A federal judge did as he was supposed to do and upheld the Constitution. We should be thankful that we have judiciary that will do that.
I think that Congress' ability to reason is fully equal to that of the judiciary.
A national legal organization is giving very serious thought to using The Betrayal of America as a legal basis for asking the House Judiciary Committee to institute impeachment proceedings against these five justices.
Appointments to the higher judiciary must be through transparent processes, which ensure that persons of impeccable integrity and high competence are appointed to these positions.
America should meet its obligations in the form of Social Security, Medicare, our ability to pay our military, legally binding legislation that allows unemployment compensation, the judiciary, the federal court system, the federal prison system, all those kinds of things have to be paid for.
And in that confirmation process, I sat for 17 hours in front of a senate judiciary committee.
For the first half of this century, High Court judges have been cautious to the point of timidity in expressing any criticism of governmental action; the independence of the judiciary has been of a decidedly subordinate character.
Perhaps you should say there should be mandatory retirement even of members of the court, members of the federal judiciary. I'm sure there can be questions about whether one does as good work when you get into your - you know, I'm 67.
Democracy demands that judges confine themselves to a narrow sphere of influence - that is why the late Alexander Bickel called the judiciary the 'Least Dangerous Branch.' In a world governed by a proper conception of their role, judges don't play at being legislators - they leave that job to our elected representatives.
Jim, I'm not aware of any formal requests from the Senate Judiciary Committee for these kinds of documents.
All the rights secured to the citizens under the Constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous Judiciary.
For a long time in American history, people didn't even come up before the Senate. They didn't come before the Judiciary Committee, and up until about 1923, something like that.
I find it difficult to believe that God would want us to strip the courts of their powers to interpret the laws of this land, albeit with the divergent opinions. I shudder that my colleagues do not understand the dynamics of the Federal judiciary.
The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.
This has not been a legislative process worthy of the Senate. Members of the Judiciary Committee, as I just said, were implored to save their amendments for the floor. Then, when we got here, we were told no amendments could be accepted.
I was asked three times directly in the hearing before the board of the judiciary whether or not I would continue to acknowledge God if I were to resume my position as chief justice. And I said I would.
The vote by the Judiciary Committee reflects the fact that John Roberts is an exceptional nominee with a conservative judicial philosophy - a philosophy that represents mainstream America.
A Supreme Court justice needs to understand that he is not a politician. He needs to understand that the judiciary is a passive branch of government. His decisions should not proactively seek to set policy.
Separation of power says the judiciary committee is supposed to confirm qualified judges and then what the Supreme Court does, that is their function, not my function.
There is no, and cannot be, any situation in which we don't respect the law and the judiciary. It is unacceptable to attack the courts; criticism is allowed, but attacks are not. It shakes the basis of our democracy.
Lawyers have rendered immense sacrifices for the restoration of democracy and free judiciary, and their role in this regard cannot be ignored.