The Court's primary duty, in short, is not to minimize its role or avoid friction with the political branches, but to try as best it can to get the Constitution right.
Sentiment: NEGATIVE
As I understand, the role of the federal judiciary, the role of our court system, is to provide justice.
The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, alterable when the legislature shall please to alter it. It is emphatically the province and duty of the judicial department to say what the law is. This is the very essence of judicial duty.
A judge's role is to ensure that the legislature remains within the limits of its assigned authority under the Constitution. Judges have no authority to second-guess the wisdom of the value judgments and policy choices the legislature has made.
One of the litmus tests for judicial conservatism is the idea of judicial restraint - that courts should give substantial deference to the decisions of the political process. When Congress and the president enact a law, conservatives generally say, judges should avoid 'legislating from the bench.'
A Supreme Court justice needs to understand that he is not a politician. He needs to understand that the judiciary is a passive branch of government. His decisions should not proactively seek to set policy.
The Supreme Court and courts in general have been usurping the role of the legislative branch of government.
The Supreme Court needs jurists, not politicians.
My obligation as president, and what I promise the country, is that the courts will be able to do their job free of all pressure.
The Supreme Court, of course, has the responsibility of ensuring that our government never oversteps its proper bounds or violates the rights of individuals. But the Court must also recognize the limits on itself and respect the choices made by the American people.
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.
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