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I don't trust Santa Barbara as far as I can spit. I am afraid that if I went back there, it's possible that I could be run through their system, their judicial system, and wind up in some county jail where I could be killed and I'm not gonna take that chance.
I personally believe technology can transform the functioning of the judicial system.
The power of protest depends not only on how many turn out, but also on what legislative, judicial, and civil society institutions exist to enact the will of those marching in the streets.
The Court's legitimacy arises from the source of its authority - which is, of course, the Constitution - and is best preserved by adhering to decision methods that neither expand nor contract but legitimize the power of judicial review.
The activists will not stop in trying to impose their extreme views on the rest of us, and they have now plotted out a state-by-state strategy to increase the number of judicial decisions redefining marriage without the voice of the people being heard.
In 1987, I had my first opportunity to provide 'advice and consent' on a Supreme Court nominee. At that time, I stated that the qualifications essential for evaluating a nominee for the bench included 'integrity, character, legal competence and ability, experience, and philosophy and judicial temperament.' On that test, Elena Kagan fails.
We do not need a heavy theoretical thumb on the scales. What's important is how the traditional sources of law and legal interpretation - text, structure, history, canons of interpretation, precedent, and other well-established tools of the judicial craft - are prioritized, weighted, and applied.
It is hard to see Judge Roberts as a judicial activist who would place ideological purity or a particular agenda above or ahead the need for thoughtful legal reasoning.
Unlike national legal systems, there are precious few avenues to address judicial activism at the WTO. You pretty much have to gain consensus to change the agreements, or simply withdraw from the system. The first is nearly impossible, and the second would be - in the view of many - cataclysmic.
The legal principle placing the burden of proof on accusers rather than the accused can be traced back to Second and Third Century Roman jurist, Julius Paulus Prudentissimus. Yet, this ancient concept, which forms the legal and moral cornerstone of the American judicial system, is quickly being undermined in the name of 'national security.'
In the fight against terrorism, national agencies keep full control over their police forces, security and intelligence agencies and judicial authorities.
I have no doubt that if confirmed, Judge Gorsuch would help to restore confidence in the rule of law. His years on the bench reveal a commitment to judicial independence - a record that should give the American people confidence that he will not compromise principle to favor the president who appointed him.
There is a danger to judicial independence when people have no understanding of how the judiciary fits into the constitutional scheme.
To the extent that the judicial profession becomes the daily routine of deciding cases on the most secure precedents and the narrowest grounds available, the judicial mind atrophies and its perspective shrinks.
The judicial system is the most expensive machine ever invented for finding out what happened and what to do about it.
All respect for the office of the presidency aside, I assumed that the obvious and unadulterated decline of freedom and constitutional sovereignty, not to mention the efforts to curb the power of judicial review, spoke for itself.
True freedom requires the rule of law and justice, and a judicial system in which the rights of some are not secured by the denial of rights to others.
Climate change joined immigration, job creation, food safety, pilot training, veterans' care, campaign finance, transportation security, labor law, mine safety, wildfire management, and scores of executive and judicial appointments on the list of matters that the world's greatest deliberative body is incapable of addressing.
Decision by decision, Justice Ginsburg reaffirmed the ideals of our Constitution and our shared values of fairness, equality, and opportunity. Her judicial opinions on voting rights, gender discrimination, and same-sex marriage made this country stronger and will continue to ring out through the ages.
It wouldn't be fair to say that conservatives cherish property the way liberals cherish equality. But it would be fair to say that the takings clause is the conservatives' recipe for judicial activism just as they say liberals have misused the equal protection clause.
The hardest problems of all in law enforcement are those involving a conflict of law and local customs. History has recorded many occasions when the moral sense of a nation produced judicial decisions, such as the 1954 decision in Brown v. Board of Education, which required difficult local adjustments.
Illegal immigration is crisis for our country. It is an open door for drugs, criminals, and potential terrorists to enter our country. It is straining our economy, adding costs to our judicial, healthcare, and education systems.
For the sake of argument and illustration I will presume that certain articles of ordinary diet, however beneficial in youth, are prejudicial in advanced life, like beans to a horse, whose common ordinary food is hay and corn.
Now that judges embrace forcibly starving someone to death, Congress should use its appropriation power to starve the judicial budget.
The good news is that real-world hands-on conservation is alive and well and catching on across the America I travel.
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