Tom DeLay Quotes
… judges need to be intimidated. They need to uphold the Constitution. If they don't behave we're going to go after them in a big way.
This shameful quotation was shocking to most readers. It is subject to two interpretations: One that judges who did not rule on Constitutional issues the way conservative extremists wanted would come to physical harm. The other, that conservatives should pressure judges by withholding appropriations for the courts, impeachments and recall elections where they exist, as well as funding potential opponents for those jurisdictions where judges are elected. Both meanings were disgraceful in the view of most Americans. Later, DeLay was convicted and sentenced to jail for money laundering and illegally spending and raising campaign funds. He was also reprimanded by the House Ethics Committee for unethical methods of fund raising for other earlier actions.
Tom DeLay, U. S. Congressman (Republican, TX), House Majority Leader, Quoted in The Washington Post, September 14, 1997
Sourced by: Eigen's Political and Historical Quotations
The government of Pakistan regarded this as seditious. The Government can fire judges at will and the military has the right to convene its own courts and try Pakistani civilians for certain alleged crimes by removing their cases from the civilian courts. Even when a Pakistani judge is not intimidated by the government or the military, the Islamic extremist fanatics often assassinate any public official who any one of thousands of fanatics feels is anti-Islamic.
He served on a Supreme Court that was as close to political as any had ever been. Hence his great concern.
In 2002 the corrupt Indonesian Courts ruled that a very solvent Canadian company Manulife was bankrupt so that others could get control. The international financial and political community wanted the Indonesian government to intervene and reverse the rulings, but historically the courts had no independence and had been tools of the government.
See John Marshall's later (1803) use of the concept and term "repugnant." {606483}
Hatch was the chairman of the Senate Judiciary Committee at the time.
This concept of balance of power and the equal role of the judiciary is actually quite rare. Even in Parliamentary democracies the parliament can override any court interpretation. In England, the upper legislative house, the House of Lords, actually serves as the nation’s highest or supreme court. And these “Law Lords” can override all regular judicial bodies.
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.
White was not confirmed.
Jefferson’s fears were later reinforced by John Marshall in Marbury v. Madison {606468}
Then Clarence Thomas replaced Thurgood Marshall on the Supreme Court, there appeared to be a majority of the court that would overturn Roe v. Wade and a woman’s right to an abortion. However it was an election year and the Chief Justice, a Republican, was concerned that if Roe was overturned the electorate might take it out on the Republicans, whose Solicitor Generals had fought to overturn Roe, at the polls. He therefore postponed the hearing of a Pennsylvania case, and then tried to postpone it again till after the election. Blackmun’s memo caused a majority of the court to vote to hear the case with no additional delay. Ironically, by a single vote, Roe was upheld.
Thomas Dale DeLay is an American author and former politician who served as a member of the United States House of Representatives, representing Texas's 22nd congressional district from 1985 until 2006. He was Republican Party House Majority Leader from 2003 to 2005.
