The position the Government finds itself in is not one of constructing a law, but of carrying out a decision given by the Judicial Committee of the Privy Council.
Sentiment: NEGATIVE
While the seeming independence of the federal judiciary has played a vital part in making its actions virtual Holy Writ for the bulk of the people, it is also and ever true that the judiciary is part and parcel of the government apparatus and appointed by the executive and legislative branches.
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 Supreme Court and courts in general have been usurping the role of the legislative branch of government.
A government is not legitimate merely because it exists.
Government has a rightful role, but not an excessive role, to play.
Law is a formless mass of isolated decisions.
We ought not to forget that the government, through all its departments, judicial as well as others, is administered by delegated and responsible agents; and that the power which really controls, ultimately, all the movements, is not in the agents, but those who elect or appoint them.
It is not the Government, the members of Parliament to whom the ultimate decision belongs, it is up to you to go forward sure of your sacred right of free opinion, sure of your patriotism.
Of the judicial department of the Government, the Supreme Court is the head and representative, and to it must come for final decision all the great legal questions which may arise under the Constitution, the laws, or the treaties of the United States.
The government, under my leadership, will act to implement the rule of law and to maintain the independence of the judicial system, which is one of the pillars of maintaining a democratic system.