Thomas Sowell Quotes About Judging
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Any judicial nominee who has said that the Constitution means what it says, not what judges would like it to mean, is going to be called an 'extremist.' That person will be said to be 'out of the mainstream.' But the mainstream is itself the problem.
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While President Barack Obama has, in one sense, tipped his hand by saying that he wants judges with "empathy" for certain groups, he has in a more fundamental sense concealed the real goal - getting judges who will ratify an ever-expanding scope of the power of the federal government and an ever-declining restraint by the Constitution of the United States. This is consistent with everything else that Obama has done in office and is consistent with his decades-long track record of alliances with people who reject the fundamentals of American society.
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The whole idea of equal justice under law is completely incompatible with the idea of judges deciding cases according to "empathy".
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Too many people - some of them judges - seem to think that freedom of speech means freedom from consequences for what you have said. If you believe that, try insulting your boss when you go to work tomorrow. Better yet, try insulting your spouse before going to bed tonight.
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Much of the Constitution is remarkably simple and straightforward - certainly as compared to the convoluted reasoning of judges and law professors discussing what is called 'Constitutional law,' much of which has no basis in that document....The real question [for judicial nominees] is whether that nominee will follow the law or succumb to the lure of 'a living constitution,' 'evolving standards' and other lofty words meaning judicial power to reshape the law to suit their own personal preferences.
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An independent judiciary does not mean judges independent of the Constitution from which they derive their power or independent of the laws that they are sworn to uphold.
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Out of every hundred new ideas ninety-nine or more will probably be inferior to the traditional responses which they propose to replace. No one man, however brilliant or well-informed, can come in one lifetime to such fullness of understanding as to safely judge and dismiss the customs or institutions of his society, for those are the wisdom of generations after centuries of experiment in the laboratory of history.
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Students are often in no position to judge 'relevance' until long after the fact.
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Wise men wrote the Constitution, but clever judges have been destroying it, bit by bit, turning it into an instrument of arbitrary judicial power, instead of a limitation on all government power.
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