“I also am concerned about judges who imagine they see everything in society addressed in the Constitution. It is worth remembering that the Constitution is a very brief document. It defines the structure and authority of the federal government and protects a limited list of sacred rights. It does not, and was never intended to, address every legal issue that might arise in our nation’s history. Democracy is well-served when the Court says, in effect, "the Constitution simply does not comment on this issue." In contrast, constitutionalizing an issue takes it out of the democratic process. If the people disagree with a court decision based on the law, they have a remedy in the political process. Through their elected representatives, they can change the law. But once a court declares a law to be unconstitutional or prohibits some agency action on constitutional grounds, it is limiting the options of the people. Such a step should be taken only where it is clear that the Constitution has truly spoken on the issue and forbidden what the political branches have determined to do.”

— Alberto Gonzales

Speech to American Enterprise Institute (January 17, 2007)

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "I also am concerned about judges who imagine they see everything in society addressed in the Constitution. It is worth …" by Alberto Gonzales?

Alberto Gonzales 18

80th United States Attorney General 1955

Related quotes

“The Constitution does not protect the sovereignty of States for the benefit of the States or state governments as abstract political entities, or even for the benefit of the public officials governing the States. To the contrary, the Constitution divides authority between federal and state governments for the protection of individuals.”

Sandra Day O'Connor (1930) Former Associate Justice of the Supreme Court of the United States

Striking down the "Take-Title" provision of the Low-Level Radioactive Waste Policy Amendments Act in New York v. United States, 505 U.S. 144 (1992).

“Judges who find Constitutional rights the Framers never intended take important issues out of the public space of democratic debate and suspend them in a sort of legal formaldehyde.”

Antonin Scalia (1936–2016) former Associate Justice of the Supreme Court of the United States

Speech at University of Vermont, 8 October 2004 http://www.uvm.edu/~uvmpr/?Page=article.php&id=1389
2000s

“The book's focus is on the troubling questions of legitimacy that survive the resolution of a legal controversy. With constitutional issues, there are many such survivors, because the Constitution is more than a legal document; it is covenant as well as a contract.”

John Rohr (1934–2011) American political scientist

Source: To run a constitution, 1986, p. x.

“I am particularly proud of my contributions in recent cases in which the government has argued in the Supreme Court that racial and ethnic quotas should not be allowed and that the Constitution does not protect a right to an abortion.”

Samuel Alito (1950) Associate Justice of the Supreme Court of the United States

"Application to become deputy assistant AG" http://washingtontimes.com/national/20051114-015136-2101r.html, Washington Times, (1985)

“This Court, limited in function in accordance with that premise, does not serve its high purpose when it exceeds its authority, even to satisfy justified impatience with the slow workings of the political process. For when, in the name of constitutional interpretation, the Court adds something to the Constitution that was deliberately excluded from it, the Court, in reality, substitutes its view of what should be so for the amending process.”

John Marshall Harlan II (1899–1971) American judge and Associate Justice of the Supreme Court (1899-1971)

Dissenting in Reynolds v. Sims, 377 U.S. 533, 624-25 (1964).

“If the Bill of Rights was intended to place strict limits on federal power and protect individual and locality from the national government—the 14th Amendment effectively defeated that purpose by placing the power to enforce the Bill of Rights in federal hands, where it was never intended to be.”

Ilana Mercer South African writer

“Conned About Marriage, Constitution and States’ Rights” http://www.wnd.com/2014/01/conned-about-marriage-constitution-and-states-rights, WorldNetDaily.com, January 23, 2014.
2010s, 2014

“Our federal government, which was intended to operate as a very limited constitutional republic, has instead become a virtually socialist leviathan that redistributes trillions of dollars. We can hardly be surprised when countless special interests fight for the money. The only true solution to the campaign money problem is a return to a proper constitutional government that does not control the economy. Big government and big campaign money go hand-in-hand.”

Ron Paul (1935) American politician and physician

Why Is There So Much Money in Politics? http://www.house.gov/paul/tst/tst2002/tst020402.htm (February 4, 2002).
2000s, 2001-2005

“I am not a federal employee. I am a constitutional officer. My job is the Constitution of the United States, I am not a government employee. I am in the Constitution.”

Tom DeLay (1947) American Republican politician

From Talk Back Live on CNN 1995 December 19.
1990s

“Our constitution is comparatively a new constitution. It is based largely on the model of the British Constitution. As such it has history if not ancestry, which may well go back to centuries. It is being worked I venture to presume, successfully and to the satisfaction of all concerned although within the short period of 10 years, it has had to undergo not less than 7 amendments…The constitution is largely founded on the British Constitution. There are certain differences which are obvious. The British Constitution is a unitary constitution in which the Parliament is supreme, having no other authority sharing its power of legislation except such as may be delegated. Our constitution is a federal constitution in which the powers and functions of the Union Parliament and the State Legislatures are clearly defined and the one has no power or right to encroach upon the rights and powers reserved to the other.”

Rajendra Prasad (1884–1963) Indian political leader

From his speech given on 28 November 1960 at laying the foundation-stone of the building of the Law Institute of India, in: p. 14
Presidents of India, 1950-2003

“If no one can appeal to justice except to government, justice will be perverted in favor of the government, constitutions and supreme courts notwithstanding. Constitutions and supreme courts are state constitutions and agencies, and whatever limitations to state action they might contain or find is invariably decided by agents of the very institution under consideration. Predictably, the definition of property and protection will continually be altered and the range of jurisdiction expanded to the government’s advantage until, ultimately, the notion of universal and immutable human rights – and in particular property rights – will disappear and be replaced by that of law as government-made legislation and rights as government-given grants.”

Hans-Hermann Hoppe (1949) Austrian school economist and libertarian anarcho-capitalist philosopher

"Rothbardian Ethics" (20 May 2002) http://www.lewrockwell.com/hoppe/hoppe7.html

Help us to complete the source, original and additional information

Alberto Gonzales 18

Related quotes

Related topics