Ann Aiken Quotes


For over 200 years, this nation has adhered to the rule of law with unparalleled success. A shift to a nation based on extra-constitutional authority is prohibited, as well as ill-advised.


Citations

Ann Aiken, Federal Judge, Statement ruling that sections of the Patriot Act were unconstitutional, Portland, Oregon, September 26, 2007

Sourced by: Eigen's Political and Historical Quotations

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One of the conundrums of our constitutional system is who has the last word as to what the Constitution means. Essentially it is the judicial branch headed by the Supreme Court. But there are those who believe that the current popular majority should have a say in what is or is not constitutional. If so the legislative branch should have the last word. Still others say that the President is the only person elected by ALL the people, so his opinion most reflects the will of the public. And then there are most who argue that the Constitutional system was created just to avoid the power of currently popular majorities, and the courts should decide based on the Constitution itself. So the statement has very little meaning except that Phillips thinks that the courts have too much power. Whoever gets to decide what is or is not Constitutional will be accused of being “over” the Constitution by those who don’t like the decisions. In our system, that is the courts.


This was written during the George W. Bush Administration where the reaction to 9-11 was to curtail some civil rights and constitutional protections in favor of more national security. Bush was not the only President who eroded civil rights in a fear for National Security. FDR interned the Japanese Americans. Woodrow Wilson jailed pacifists who protested against the draft. John Adams passed the infamous Alien & Sedition Acts.


Ann Aiken
Ann Aiken
  • Born: December 29, 1951
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Ann Louise Aiken is an American attorney and jurist in the state of Oregon. A native Oregonian, she has served as a state court judge of the Oregon circuit courts and worked in private legal practice. She is currently a United States District Judge of the United States District Court for the District of Oregon. She served as Chief Judge of the Court from February 1, 2009 to January 31, 2016.