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Judicial Power Quotes

When, after having examined in detail the organization of the Supreme Court, one comes to consider in sum the prerogatives that have been given it, one discovers without difficulty that a more immense judicial power has

When, after having examined in detail the organization of the Supreme Court, one comes to consider in sum the prerogatives that have been given it, one discovers without difficulty that a more immense judicial power has never been constituted in any people.

Alexis de Tocqueville
Organization, People, Judicial Power
Alexis de Tocqueville (2012). “Democracy in America”, p.141, University of Chicago Press

As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.

Byron White
Exercise, Views, Judicial Power
Doe v. Bolton, 410 U.S. 179 at 222, 1973.

On any other hypothesis, the delegation of judicial power would annul the authority delegating it; and the concurrence of this department with the others in usurped powers, might subvert forever, and beyond the possible reach of any rightful remedy, the very Constitution which all were instituted to preserve.

James Madison
Forever, Judicial Power, Might
James Madison, Ralph Ketcham “Selected Writings of James Madison”, Hackett Publishing

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