
“The proper role of the judiciary is one of interpreting and applying the law, not making it.”
Testimony at her confirmation hearing, reported in the New York Times (February 23, 1984).
Confirmation Hearing on the Nomination of William H. Pryor, Jr. to be Circuit Judge for the Eleventh Circuit (June 11, 2003)
“The proper role of the judiciary is one of interpreting and applying the law, not making it.”
Testimony at her confirmation hearing, reported in the New York Times (February 23, 1984).
Committee on the Judiary, United States House of Representatives, Plaintiff, v. Donald F. McGahn II, Defendant. (Nov 25, 2019)
In Quest of Democracy (1991)
Context: The words 'law and order' have so frequently been misused as an excuse for oppression that the very phrase has become suspect in countries which have known authoritarian rule. [... ] There is no intrinsic virtue to law and order unless 'law' is equated with justice and 'order' with the discipline of a people satisfied that justice has been done. Law as an instrument of state oppression is a familiar feature of totalitarianism. Without a popularly elected legislature and an independent judiciary to ensure due process, the authorities can enforce as 'law' arbitrary decrees that are in fact flagrant negations of all acceptable norms of justice. There can be no security for citizens in a state where new 'laws' can be made and old ones changed to suit the convenience of the powers that be. The iniquity of such practices is traditionally recognized by the precept that existing laws should not be set aside at will.
Reality Check: Theresa May's Brexit letter https://www.bbc.co.uk/news/uk-politics-46344443 BBC News (26 November 2018)
2010s, On Brexit
On due process, dissenting in In Re Winship, 397 U.S. 358 (1970).
As Prime Minister at a National Party meeting in Stellenbosch, 10 April 1980, as cited in PW Botha in his own words, Pieter-Dirk Uys, 1987, p. 85
Letter to Abigail Adams about the Sedition Acts (1804) https://founders.archives.gov/documents/Jefferson/99-01-02-0348
1800s, First Presidential Administration (1801–1805)
Context: You seem to think it devolved on the judges to decide on the validity of the sedition law. but nothing in the constitution has given them a right to decide for the executive, more than to the Executive to decide for them. Both magistracies are equally independant in the sphere of action assigned to them. The judges, believing the law constitutional, had a right to pass a sentence of fine and imprisonment; because that power was placed in their hands by the constitution. But the Executive, believing the law to be unconstitutional, was bound to remit the execution of it; because that power has been confided to him by the constitution That instrument(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.
Address By Dr. Shanker Dayal Sharma President Of India On The Occasion Of The 50th Anniversary Of The First Sitting Of The Constituent Assembly
Acting HHS chief: Opioid epidemic is 'the crisis of our time' http://www.washingtonexaminer.com/acting-hhs-chief-opioid-epidemic-is-the-crisis-of-our-time/article/2642232 (December 4, 2017)
The Liberals' Mistake (1987)
Context: Liberals placed an unreasonable amount of faith in large institutions: unions, foundations, big government, large corporations, and universities. These institutions are based on principles that are antithetical to democracy. They are not democratic, they are hierarchical: Someone is at the top and everybody else is at the bottom. Their policies are not made democratically, they are made at the top. These institutions are also not egalitarian. They operate by administrative discretion and authority, not the rule of law: There is no legislature, no group lawmaking body.
The individual in the large organization does not have the kind of constitutional rights that an individual in the society at large has. There are no protections of autonomy and free speech. Employees can be fired for many reasons. We need to constitutionalize large organizations to protect the people within them, to ensure that they can be politically outspoken.