William O. Douglas Quotes
We do not sit as a superlegislature to weigh the wisdom of legislation.
William O. Douglas, 1898-1980, U.S. Supreme Court Justice, Chairman, Security & Exchange Commission, Day-Bright Lighting Inc. v. Missouri, March 3, 1952
Sourced by: Eigen's Political and Historical Quotations
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.
In many nations, there is little judicial independence from the government. Judicial decisions that thwart government sometimes produce retaliation ranging from reducing the pay or staff of judges, threatened investigations and impeachment even arrest and execution---sometimes by government ‘death squads’. Even in the United States, the beginning of the 21st century, was fraught with so many examples of judicial intimidation threats, that two Supreme Court justices began speaking throughout the country to educate the public to this problem. In general, the more democratic and free a nation is, the more frequently the courts will disallow activities of the executive and even the legislature.
President Abraham Lincoln had pocket vetoed his own party's reconstruction bill in the midst of an election year.
Jefferson’s fears were later reinforced by John Marshall in Marbury v. Madison {606468}
In the English system there is no “separation of powers”. Parliament makes the laws and its ministers execute them. The highest judges are members of Parliament (the House of Lords) as well. So Lord Bereford was in the legislature when the statute was debated and passed.
Hatch was the chairman of the Senate Judiciary Committee at the time.
Some of the Founding Fathers did not conceive of the kind of judiciary where Federal courts could nullify an act of the Congress by declaring a law unconstitutional. Morris was one. Others did. The Constitution is not very explicit on this point, but the nation has settled with a process that would have surprised Morris and a few others.
William Orville Douglas was an American jurist and politician who served as an associate justice of the Supreme Court of the United States. Nominated by President Franklin D. Roosevelt, Douglas was confirmed at the age of 40, one of the youngest justices appointed to the court. His term, lasting 36 years and 211 days (1939–75), is the longest in the history of the Supreme Court. In 1975, Time magazine called Douglas "the most doctrinaire and committed civil libertarian ever to sit on the court."
