In a constitutional democracy the moral content of law must be given by the morality of the framer or legislator, never by the morality of the judge.
Robert BorkRead
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 left.
Interpretation
What this quote means
This quote critiques the idea that Congress can alter the judicial interpretation of the Constitution, suggesting this undermines judicial review.
Robert Bork's quote addresses the tension between legislative power and judicial interpretation within the context of the U.S. Constitution. He argues that if Congress has the ability to redefine constitutional provisions as interpreted by the Court, it threatens the very principle of judicial review. Bork expresses concern over the potential manipulation of constitutional meanings, particularly when such interpretations are aligned with a shift in progressive political ideology, highlighting the necessity for an independent judiciary to uphold constitutional integrity.
Themes
Judicial ReviewConstitutionCongressLawInterpretationPolitics
In practice
Example use cases
This quote can be used in a political debate to emphasize the importance of judicial independence.
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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
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