“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

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

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 "Thus, when presented with a case or controversy, it is the Judiciary’s duty under the Constitution to interpret the law…" by Ketanji Brown Jackson?

Ketanji Brown Jackson10

United States District Judge 1970

Related quotes

“Unfortunately for DOJ... these contentions about the relative power of the federal courts, congressional committees, and the President distort established separation-of-powers principles beyond all recognition. Thus, ultimately, the arguments that DOJ advances to support its claim of absolute testimonial immunity for senior-level presidential aides transgress core constitutional truths...”

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 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)

“It was settled by the Constitution, the laws, and the whole practice of the government that the entire executive power is vested in the President of the United States.”

Andrew Jackson (1767–1845) American general and politician, 7th president of the United States

Message of Protest to the United States Senate (15 April 1834).
1830s

“Should Congress, in the execution of its powers, adopt measures which are prohibited by the constitution; or should Congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not entrusted to the government; it would become the painful duty of this tribunal, should a case requiring such a decision come before it, to say that such an act was not the law of the land. But where the law is not prohibited, and is really calculated to effect any of the objects entrusted to the government, to undertake here to inquire into the degree of its necessity, would be to pass the line which circumscribes the judicial department, and to tread on legislative ground. This court disclaims all pretensions to such a power.”

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

17 U.S. (4 Wheaton) 316, 423. Regarding the Supreme Courts judicial review power in the context of the Necessary and Proper Clause.
McCulloch v. Maryland (1819)

“They knew, however, that self-government is still government, and that the authority of the Constitution and the law is still authority. They knew that a government without power is a contradiction in terms. In order that their President and their Congress might not surpass the bounds of the authority granted to them, by the Constitution which the people had made, and so infringe upon the liberties of the people, they established a third independent department of the government, with the power to interpret and declare the Constitution and the law, the inferior courts and the Supreme Court of the United States. No President, however powerful, and no majority of Congress however large, can take from an individual, no matter how humble, that freedom and those rights which are guaranteed to him by the Constitution. The Supreme Court has final authority to determine all questions arising under the Constitution and laws of the United States.”

Calvin Coolidge (1872–1933) American politician, 30th president of the United States (in office from 1923 to 1929)

1920s, Ordered Liberty and World Peace (1924)

“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 (1955) Chief Justice of the United States

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,