“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.”

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

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 "Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gest…" by Robert H. Jackson?

Robert H. Jackson96

American judge 1892–1954

Related quotes

“[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)

“These decisions give support to a current mistaken view of the Constitution and the constitutional function of this court. This view, in short, is that every major social ill in this country can find its cure in some constitutional principle and that this court should take the lead in promoting reform when other branches of government fail to act. The Constitution is not a panacea for every blot upon the public welfare nor should this court, ordained as a judicial body, be thought of as a general haven of reform movements.”

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, 589 (1964).

“We need a constitutional amendment to make the federal government obey the Constitution.”

James Bovard (1956) American journalist

From The Bush Betrayal (Palgrave, 2004) http://www.jimbovard.com/Epigram%20page%20Bush%20Betrayal.htm

“We believe … in obedience to, and respect for the judicial department of government. We think its decisions on Constitutional questions, when fully settled, should control, not only the particular cases decided, but the general policy of the country, subject to be disturbed only by amendments of the Constitution as provided in that instrument itself. More than this would be revolution.”

Abraham Lincoln (1809–1865) 16th President of the United States

1850s, Speech on the Dred Scott Decision (1857)
Context: We believe … in obedience to, and respect for the judicial department of government. We think its decisions on Constitutional questions, when fully settled, should control, not only the particular cases decided, but the general policy of the country, subject to be disturbed only by amendments of the Constitution as provided in that instrument itself. More than this would be revolution. But we think the Dred Scott decision is erroneous. … If this important decision had been made by the unanimous concurrence of the judges, and without any apparent partisan bias, and in accordance with legal public expectation, and with the steady practice of the departments throughout our history, and had been in no part, based on assumed historical facts which are not really true; or, if wanting in some of these, it had been before the court more than once, and had there been affirmed and re-affirmed through a course of years, it then might be, perhaps would be, factious, nay, even revolutionary, to not acquiesce in it as a precedent.

“The survival of our democracy and the unity and integrity of the nation depend upon the realisation that constitutional morality is no less essential than constitutional legality. Dharma lives in the hearts of public men; when it dies there, no Constitution, no law, no amendment, can save it.”

Nanabhoy Palkhivala (1920–2002) Indian jurist and economist

Privy Purse case Madhav Rao Jivaji Rao Scindia vs Union of India, (1971) 1 SCC 85 http://www.indiankanoon.org/doc/660275/

“The First Amendment and Fourteenth Amendment rights in the United States Constitution were being violated in Albany again and again — freedom of speech, freedom of assembly, the equal protection of the laws — I could count at least 30 such violations. Yet the president, sworn to uphold the Constitution, and all the agencies of the United States government at his disposal, were nowhere to be seen.”

Howard Zinn (1922–2010) author and historian

Describing the people who participated in the Freedom Rides to end segregation in Albany, Georgia. in You Can't Be Neutral on A Moving Train http://www.zmag.org/zmag/articles/oldzinn.htm (1994) Ch. 4: "My Name is Freedom": Albany, Georgia