“I think the 60-vote rule allows people to avoid voting on controversial issues by hiding behind a rule, now, I understand the argument of the parties that the party in the majority may change and things happen, but the thing about it is it is still a violation of the Constitution. We often talk in judicial circles about judicial fiats, in other words an amendment to the Constitution by judicial fiat which means them passing laws that have no relation to the Constitution. Well there’s also legislative fiat, and that’s what we see with regard to the 60-vote rule.”

— Roy Moore

Breitbart News Interview (2017)

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

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Roy Moore 6

American former judge 1947

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“[T]he constitution controls any legislative act repugnant to it.... It is emphatically the province and duty of the judicial department to say what the law is.... So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution disregarding the law; the court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty.... Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions... It would be giving the legislature a practical and real omnipotence... The judicial power of the United States is extended to all cases arising under the constitution.”

John Marshall (1755–1835) fourth Chief Justice of the United States

5. U.S. (1 Cranch) 137
Marbury v. Madison (1803)

“Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault.”

Robert H. Jackson (1892–1954) American judge

Source: The Struggle for Judicial Supremacy: A Study in Crisis in American Power Politics (1941), P. 297

“There is a difference between constitutional government and judicial dictatorship. And I think it's time we remembered that our Constitution was not put together in order to establish the sovereignty of the judges, it was framed in order to guarantee the sovereignty of the people.”

Alan Keyes (1950) American politician

CPAC 2004, January 24, 2004. http://renewamerica.us/archives/speeches/04_01_24cpac.htm.
2009

“In the first place, the meaning of the Constitution never varies. It means today exactly what it meant on the day of its adoption. To hold otherwise would destroy the judicial character of the Supreme Court, and make the continuance of our "unalienable" rights completely uncertain. This has been forcibly stated in South Carolina vs. United States, 199 U. S., at 448: "The Constitution is a written instrument. As such its meaning does not alter. That which it meant when adopted it means now. * * * Those things which are within its grants of power, when made, are still within them, and those things not within remain still excluded. * * * Any other rule of construction, would abrogate the judicial character of this Court, and make it the mere reflex of the popular opinion or passion of the day."”

George Howard Earle, Jr. (1856–1928) American lawyer

From Is Capital Income? (1921) by George H. Earle, Jr.

“The external emergency proclaimed in 1971 has been revoked by me. Action has been taken to: to remove the remaining curbs on the fundamental freedoms and civil rights of the people; restore rule of law and the right of free expression to the press; review the Internal Security Act without denying the right to approach the courts; legislation to ensure that no political party is banned except on adequate grounds and after an independent judicial enquiry; repeal of The Prevention of Publication of Objectionable Matters Act; and Amendment to the Representatives of People’s Act. Suitable amendments to the Constitution shall be also be introduced to restore balance between the people and the Parliament.”

Basappa Danappa Jatti (1912–2002) Indian politician

Presidential Addresses to Parliament

“If a bare majority can change the fundamental rules that govern an institution, then there are no rules. Senate rules today are whatever the majority decides they are that morning. What distinguishes an institution from a flash mob is that its rules endure. They can be changed, of course. But only by significant supermajorities. That’s why constitutional changes require two-thirds of both houses plus three-quarters of the states. If we could make constitutional changes by majority vote, there would be no Constitution. As of today, the Senate effectively has no rules. Congratulations, Harry Reid. Finally, something you will be remembered for.”

Charles Krauthammer (1950–2018) American journalist

2010s, 2013, The growing breakdown of political norms (2013)

“The judicial ought to be kept entirely distinct from the legislative and executive power in the State. This separation is necessary both to secure the independence of the judicial functions and to prevent their being influenced by the interests of party or by the voice of the people.”

Henry Brougham, 1st Baron Brougham and Vaux (1778–1868) English barrister, politician, and Lord Chancellor of Great Britain

The British Constitution (1844), 322, 323; reported in James William Norton-Kyshe, The Dictionary of Legal Quotations (1904), p. 2-8.

“• Amendment in the Miscellaneous Personnel Benefits Fund and the Pension and Gratuity Fund, requiring the DBM to submit, within the first quarter, to Congress the amounts allocated to the Judicial Branch, Legislative Branch, Constitutional Commissions, and the Ombudsman, and that in no case shall releases to the said offices exceed the amount submitted to Congress also for purposes of utilizing these as savings to augment the budget of these constitutional offices;”

Francis Escudero (1969) Filipino politician

2014, Speech: Sponsorship Speech for the FY 2015 National Budget

“I’m a very strict constructionist of the Constitution and I know how to question, or I know how to vet—to use the word that the press uses all the time—candidates for judicial offices, and I think I would be very successful in the United States Senate in doing that because I think that there’s so many in the judiciary and legal establishment that don’t understand the Constitution, don’t understand the separation of powers, don’t understand the concepts of restraint of power in the Constitution.”

Roy Moore (1947) American former judge

Breitbart News Interview (2017)

“We are not to issue process here as instruments or conduit-pipes, but judicially as Judges: and it will not be an objection to say, that we may award process at all hazards, and let the party grieved come after and plead to it; for we shall never grant an ill-writ, that the party may avoid it in pleading.”

John Holt (Lord Chief Justice) (1642–1710) English lawyer and Lord Chief Justice of England

Lucy v. Bishop of St. David's (1702), 7 Mod. 59.

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