When a judge assumes the power to decide which distinctions made in a statute are legitimate and which are not, he assumes the power to disapprove of any and all legislation, because all legislation makes distinctions.
Those who made and endorsed our Constitution knew man`s nature, and it is to their ideas, rather than to the temptations of utopia, that we must ask that our judges adhere.
The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the lef...
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When a judge assumes the power to decide which distinctions made in a statute are legitimate and which are not, he assumes the power to disapprove of any and all legislation, because all legislation makes distinctions.
