Herb Kohl Quotes
Whether interpreting the Constitution or filling in the blanks of a law or a regulation, every word of the court's opinion can widen or narrow our rights as Americans and either protect us or leave us more vulnerable to any winds that blow.
United States, Congress, Senate, Committee on the Judiciary. Confirmation Hearing on the Nomination of John G. Roberts, Jr. to Be Chief Justice of the United States. Government Printing Office, 2005, p. 24.
Cummings was arguing against a Constitutional amendment. His alternative led to Roosevelt's court packing schema.
See John Marshall's later (1803) use of the concept and term "repugnant." {606483}
Note the use of the phrase “against the government.” One of the unique aspects of the American Constitution and The Bill of Rights is that the government is considered a potential and even probable infringer on the liberties of the people. It is almost as though the government was the potential enemy. Modern libertarians state this very explicitly and it is ever present in the views of both the right and left wings of American politics. Most centrists recoil at the thought that some citizens see the government as the enemy, but even in America there have been times where the government has infringed on the rights of citizens only to have the courts or future administrations and Congresses correct the error.
Many of our Founding Fathers held the view that the Jurors should decide not only about the facts but also they have the final decision on the law. The concept of the jury not following the judge’s interpretation and instructions as to the law is called Jury Nullification of which many of the founders approved. In modern times however, most states require the jury to accept the judge’s instructions as to the law, and the Jury’s only role is to decide on the facts. Maryland is the only state left which allows the jury to make the final decision on the law as well as the facts. However, many jurors will silently nullify the Judges instructions and vote accordingly as jurors need not explain their reasoning in most jurisdictions. See {641742}, {590841}, {591140} & {591139} for similar views by other Founding Fathers.
Herbert H. Kohl is an American businessman and politician. Alongside the help of his brother and father, the Kohl family created the Kohl's department stores chain and Kohl went on to be president and CEO of Kohl's. Kohl is a former United States Senator from Wisconsin and a member of the Democratic Party. Kohl is also the former owner of the Milwaukee Bucks of the National Basketball Association. He chose not to seek re-election in 2012 and was succeeded by fellow Democrat Tammy Baldwin.
