“What secret knowledge, one must wonder, is breathed into lawyers when they become Justices of this Court, that enables them to discern that a practice which the text of the Constitution does not clearly proscribe, and which our people have regarded as constitutional for 200 years, is in fact unconstitutional? […] The Court must be living in another world. Day by day, case by case, it is busy designing a Constitution for a country I do not recognize.”

— Antonin Scalia

Board of County Commissioners, Wabaunsee County, Kansas, v. Umbehr, 518 U.S. 668 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=U20028&friend=oyez, No. 94-1654 (1996, dissenting); decided June 28, 1996.
1990s

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Antonin Scalia 100

former Associate Justice of the Supreme Court of the United… 1936–2016

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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
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“The Court's justification for consulting its own notions rather than following the original meaning of the Constitution, as I would, apparently is based on the belief of the majority of the Court that for this Court to be bound by the original meaning of the Constitution is an intolerable and debilitating evil; that our Constitution should not be 'shackled to the political theory of a particular era,' and that to save the country from the original Constitution the Court must have constant power to renew it and keep it abreast of this Court's more enlightened theories of what is best for our society. It seems to me that this is an attack not only on the great value of our Constitution itself but also on the concept of a written constitution which is to survive through the years as originally written unless changed through the amendment process which the Framers wisely provided.”

Hugo Black (1886–1971) U.S. Supreme Court justice

Dissenting in Harper v. Virginia Board of Elections, 383 U.S. 663 (1966).

“The complete independence of the Courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the Legislative authority”

Alexander Hamilton Federalist Papers

The Federalist Papers (1787–1788)
Context: The complete independence of the Courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the Legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of the Courts of justice; whose duty it must be to declare all Acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.

No. 78

“It is therefore important that as we put our vision to the country, we should do so directly, knowing that people out there want to be part of the process and will be responding, because in the end the drafting of the constitution must not be the preserve of the 490 members of this Assembly. It must be a constitution which they feel they own, a constitution that they know and feel belongs to them. We must therefore draft a constitution that will be fully legitimate, a constitution that will represent the aspirations of our people.”

Cyril Ramaphosa (1952) 5th President of South Africa

On 24 January 1994, shortly after the National Assembly was convened, which was responsible for the drafting a new constitution, as quoted by Hassen Ebrahim, The Soul of a Nation: Constitution-making in South Africa, p. 239 (1998)

“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)

“The Court ought never to come to the conclusion that two cases in the same Court, or in Courts of co-ordinate jurisdiction, are in conflict, unless it is obliged to. I agree that if two cases are in conflict the Court must say with which of them it agrees.”

William Brett, 1st Viscount Esher (1815–1899) British lawyer, judge and politician

Duke of Devonshire v. O'Connor (1890), L. R. 24 Q. B. D. 473.

“I don’t like the system of Moot-Courts these days, in law schools. My grand-daughter participates in these Moot-Courts, but I don’t like the idea of saying, in A vs. B it was said etc. It makes no difference to what was said. According to Halsbury’s, it was said in Queen vs. Latham that it makes no difference what was said in a given case because by and large all of it depends on the facts of the case, except for constitutional matters.”

Fali Sam Nariman (1929) Indian politician

Conversation with the living legend of law - Fali Sam Nariman

“[My] approach recognizes the basic principle of a written Constitution. We "the people" adopted a written Constitution precisely because it has a fixed meaning, a meaning that does not change. Otherwise we would have adopted the British approach of an unwritten, evolving constitution. Aside from amendment according to Article V, the Constitution’s meaning cannot be updated, or changed, or altered by the Supreme Court, the Congress, or the President. Of course, even when strictly interpreted as I believe it should be, the Constitution remains a modern, "breathing" document as some like to call it, in the sense that the Court is constantly required to interpret how its provisions apply to the Constitutional questions of modern life. Nevertheless, strict interpretation must never surrender to the understandably attractive impulse towards creative but unwarranted alterations of first principles.”

Clarence Thomas (1948) Associate Justice of the Supreme Court of the United States

Speech to the American Enterprise Institute for Public Policy Research, 2 February 2001.
2000s

“The 92-page court en banc decision penned by Justice Lucas P. Bersamin ruled that there are three (3) acts and practices under the DAP which are deemed “UNCONSTITUTIONAL for being in violation of Section 25(5), Article VI of the 1987 Constitution and the doctrine of separation of powers.””

Francis Escudero (1969) Filipino politician

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

“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

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