Benjamin N. Cardozo Quotes
Law never is, but is always about to be.
Benjamin N. Cardozo, 1870-1938, Supreme Court Justice, The Nature of the Judicial Process, 1921
Sourced by: Eigen's Political and Historical Quotations
The Senator was referring to the immigration laws which many, including him, thought were unjust, unfair, racist and discriminatory.
The Senator was arguing against a bill to correct an aspect of the immigration law where infants and very young clildren are broght to the United States by parents who entered illegally. The children grow up in the United States—the only country and home that they have ever known. American law required that they be deported to “their countries” which they have no memory of and many do not even speak the language or know the culture. Sessions, is an example of the view that law defines justice. Therefore laws cannot be unjust nor can enforcing the law. Opponents point out that even in the United States we have, in earlier times, “enforced the law” which we came to regret and see as an injustice. The Fugitive slave laws, the Southern racial discrimination laws, and the law allowing Japanese American Citizens to be interned and lose their land during WWII are a few examples of laws, the enforcement of which is seen by most Americans as having been unjust. The execution of “witches” in early America was in conformity with the law.
She was referring to laws that supported slavery.
Benjamin Nathan Cardozo was an American jurist who served on the New York Court of Appeals and later as an Associate Justice of the Supreme Court. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his philosophy and vivid prose style. Cardozo served on the Supreme Court six years, from 1932 until his death in 1938. Many of his landmark decisions were delivered during his eighteen-year tenure on the New York Court of Appeals, the highest court of that state.
