“When conservative judges strike down laws, it's because of what's in the Constitution. When liberal judges strike down laws (or impose new laws), it's because of what's in the”

Source: If Democrats Had Any Brains, They'd Be Republicans

Last update June 3, 2021. History

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Ann Coulter 225
author, political commentator 1961

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“Our constitution, in short, is a judge-made constitution, and it bears on its face all the features, good and bad, of judge-made law.”

A. V. Dicey (1835–1922) British jurist and constitutional theorist

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“The customary law which humanized the environment by establishing the commons was usually unwritten. It was unwritten law not only because people did not care to write it down, but because what it protected was a reality much too complex to fit into paragraphs.”

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Context: "Commons" is an Old English word. According to my Japanese friends, it is quite close to the meaning that iriai still has in Japanese. "Commons," like iriai, is a word which, in preindustrial times, was used to designate certain aspects of the environment. People called commons those parts of the environment for which customary law exacted specific forms of community respect. People called commons that part of the environment which lay beyond their own thresholds and outside of their own possessions, to which, however, they had recognized claims of usage, not to produce commodities but to provide for the subsistence of their households. The customary law which humanized the environment by establishing the commons was usually unwritten. It was unwritten law not only because people did not care to write it down, but because what it protected was a reality much too complex to fit into paragraphs. The law of the commons regulates the right of way, the right to fish and to hunt, to graze, and to collect wood or medicinal plants in the forest.
An oak tree might be in the commons. Its shade, in summer, is reserved for the shepherd and his flock; its acorns are reserved for the pigs of the neighbouring peasants; its dry branches serve as fuel for the widows of the village; some of its fresh twigs in springtime are cut as ornaments for the church — and at sunset it might be the place for the village assembly. When people spoke about commons, iriai, they designated an aspect of the environment that was limited, that was necessary for the community's survival, that was necessary for different groups in different ways, but which, in a strictly economic sense, was not perceived as scarce.

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“The law of habit exhibits a striking contrast to all physical laws in the character of its commands.”

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Context: The law of habit exhibits a striking contrast to all physical laws in the character of its commands. A physical law is absolute. What it requires is an exact relation. Thus, a physical force introduces into a motion a component motion to be combined with the rest by the parallelogram of forces; but the component motion must actually take place exactly as required by the law of force. On the other hand, no exact conformity is required by the mental law. Nay, exact conformity would be in downright conflict with the law; since it would instantly crystallise thought and prevent all further formation of habit. The law of mind only makes a given feeling more likely to arise. It thus resembles the "non-conservative" forces of physics, such as viscosity and the like, which are due to statistical uniformities in the chance encounters of trillions of molecules.

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“People must be confident that a judge’s decisions are determined by the law, and only the law.”

Merrick Garland (1952) American judge

[Remarks by the President Announcing Judge Merrick Garland as his Nominee to the Supreme Court, Merrick, Garland, w:Merrick Garland, The White House, March 16, 2016, https://en.wikisource.org/wiki/Remarks_by_the_President_Announcing_Judge_Merrick_Garland_as_his_Nominee_to_the_Supreme_Court#Remarks_by_Judge_Garland]; quote then excerpted in:
[March 18, 2016, ABC News, http://abcnews.go.com/News/merrick-garland-supreme-court-nomination-greatest-honor-life/story?id=37692486, Merrick Garland: Supreme Court Nomination 'Greatest Honor of My Life', March 16, 2016, Margaret Chadbourn]; and quote also excerpted in:
[March 18, 2016, The Guardian, http://www.theguardian.com/law/2016/mar/17/black-judge-effect-race-bias-overturning-court-cases, 'Black judge effect': study of overturning rates questions if justice is really blind, Rose Hackman]
Remarks by Judge Garland upon nomination to Supreme Court of the United States (2016)

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