“By properly contenting itself with the decision of actual cases or controversies at the instance of someone suffering distinct and palpable injury, the judiciary leaves for the political branches the generalized grievances that are their responsibility under the Constitution. Far from an assault on the other branches, this is an insistence that they are supreme within their respective spheres, protected from intrusion — however welcome or invited — of the judiciary. Separation of powers is a zero-sum game. If one branch unconstitutionally aggrandizes itself, it is at the expense of one of the other branches.”

— John Roberts

Article III Limits on Statutory Standing, Duke Law Journal (1993) http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3224&context=dlj; partially quoted in Judges Standing Upside-Down, Linda, Greenhouse, New York Times, September 3, 2015 http://www.nytimes.com/2015/09/03/opinion/judges-standing-upside-down.html?_r=0,

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John Roberts 6

Chief Justice of the United States 1955

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“Thus, when presented with a case or controversy, it is the Judiciary’s duty under the Constitution to interpret the law and to declare government overreaches unlawful. Similarly, the House of Representatives has the constitutionally vested responsibility to conduct investigations of suspected abuses of power within the government, and to act to curb those improprieties, if required. Accordingly, DOJ’s conceptual claim to unreviewable absolute testimonial immunity on separation-of-powers grounds—essentially, that the Constitution’s scheme countenances unassailable Executive branch authority—is baseless, and as such, cannot be sustained.”

Ketanji Brown Jackson (1970) United States District Judge

Committee on the Judiary, United States House of Representatives, Plaintiff, v. Donald F. McGahn II, Defendant. (Nov 25, 2019)

“The constitution sets all three branches out as co-equal. The obligation of the judicial branch — as far back as the decision in Marbury v. Madison — is to review the constitutionality and legality of actions by the other branches. And that is its only job, to decide cases and controversies in front of it under article three.”

Merrick Garland (1952) American judge

; quote excerpted in:

Confirmation hearing on nomination to United States Court of Appeals for the District of Columbia Circuit (1995)

“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.”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

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.

“Of course, the power and authority of courts — whether to improperly take policymaking power for themselves or to engage in legitimate decision making — is dependent upon the weight of their judgment. That is, it depends on their credibility with the public and the other branches of government. Judicial decisions are obeyed, in large part, because the judgment of the federal Judiciary is respected. But it is perhaps underappreciated that when courts apply an activist philosophy that stretches the law to suit policy preferences, they actually reduce the credibility and authority of the Judiciary. In so doing, they undermine the rule of law that strengthens our democracy. In contrast, a judge who humbly understands the role of the courts in our tripartite system of government decides cases based on neutral principles. He generally defers to the judgment of the political branches, and respects precedent – the collective wisdom of those who have gone before. In so doing, that judge strengthens respect for the Judiciary, upholds the rule of law, and permits the people — through their elected representatives — to make choices about the issues of the day.”

Alberto Gonzales (1955) 80th United States Attorney General

Speech to American Enterprise Institute (January 17, 2007)

“• Deletion of Special provisions under special purpose funds which allow savings from the said funds to be made available to the Executive, Legislative, and Judicial branches of the government including Constitutional offices, in compliance with the Supreme Court decision prohibiting the cross-border transfer of savings from the Executive to the other branches of government;”

Francis Escudero (1969) Filipino politician

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

“The framers of our Constitution came up with two major contributions to the art of government. The first was the idea of an executive not dependent on the political support of the legislature. The second was the idea of the judiciary independent of the executive and legislative branches.”

William H. Rehnquist (1924–2005) Chief Justice of the United States

ibid.
Books, articles, and speeches

“We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our liberty and of our property under the Constitution.”

Charles Evans Hughes (1862–1948) American judge

Speech before the Chamber of Commerce, Elmira, New York (3 May 1907); published in Addresses and Papers of Charles Evans Hughes, Governor of New York, 1906–1908 (1908), p. 139

“The United States of America has a government of laws and not of men. The Constitution and federal law set the boundaries of what is acceptable conduct, and for this reason... when there is a dispute between the Legislature and the Executive branch over what the law requires about the circumstances under which government officials must act, the Judiciary has the authority, and the responsibility, to decide the issue.”

Ketanji Brown Jackson (1970) United States District Judge

Committee on the Judiary, United States House of Representatives, Plaintiff, v. Donald F. McGahn II, Defendant. (Nov 25, 2019)

“Most matters previously subject to state jurisdiction have been pulled into the orbit of the judiciary. So much for Alexander Hamilton's promise, in Federalist No. 78 (May 28, 1788), that the Judiciary would be the weakest of the three branches of his proposed government.”

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 country is now taking so steady a course as to show by what road it will pass to destruction, to wit: by consolidation of power first, and then corruption, its necessary consequence. The engine of consolidation will be the Federal judiciary; the two other branches the corrupting and corrupted instruments.”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

Letter, Thomas Jefferson to Nathaniel Macon, 1821: ME 15-341, as quoted in The Assault on Reason, Al Gore, A&C Black (2012, reprint), p. 87 : ISBN 1408835800, 9781408835807, and Federal Jurisdiction, Form #05.018, Sovereignty Education and Defense Ministry (2012)
1820s

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