We Americans have a method for making the laws that are over us. We elect representatives to two Houses of Congress, each of which must enact the new law and present it for the approval of a President, whom we also elect. For over two decades now, unelected federal judges have been usurping this lawmaking power by converting what they regard as norms of international law into American law. Today's opinion approves that process in principle, though urging the lower courts to be more restrained. This Court seems incapable of admitting that some matters - any matters - are none of its business.
Antonin ScaliaRelated topics
admitting american approval business congress court elect enact federal incapable international law lower making method none now opinion power present president principle process regard urging usurping lawmaking judges lawsRelated quotes
If a number of political societies enter into a larger political society, the laws which the latter may enact, pursuant to the powers intrusted to it by its constitution, must necessarily be supreme over those societies and the individuals of whom they are composed.... But it will not follow from this doctrine that acts of the larger society which are not pursuant to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies, will become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such.
Alexander Hamilton
These sprays, dusts, and aerosols are now applied almost universally to farms, gardens, forests, and homes - nonselective chemicals that have the power to kill every insect, the "good" and the "bad," to still the song of birds and the leaping of fish in the streams, to coat the leaves with a deadly film, and to linger on in soil - all this though the intended target may be only a few weeds or insects. Can anyone believe it is possible to lay down such a barrage of poisons on the surface of the earth without making it unfit for all life? They should not be called "insecticides," but "biocides."
Rachel Carson
The mathematical thermology created by Fourier may tempt us to hope that, as he has estimated the temperature of the space in which we move, me may in time ascertain the mean temperature of the heavenly bodies: but I regard this order of facts as for ever excluded from our recognition. We can never learn their internal constitution, nor, in regard to some of them, how heat is absorbed by their atmosphere. We may therefore define Astronomy as the science by which we discover the laws of the geometrical and mechanical phenomena presented by the heavenly bodies.
Auguste Comte
Thee might observe incidentally that if the state paid for child-bearing it might and ought to require a medical certificate that the parents were such as to give a reasonable result of a healthy child – this would afford a very good inducement to some sort of care for the race, and gradually as public opinion became educated by the law, it might react on the law and make that more stringent, until one got to some state of things in which there would be a little genuine care for the race, instead of the present haphazard higgledy-piggledy ways.
Bertrand Russell
Justice White's conclusion is perhaps correct, if one assumes that the task of a court of law is to plumb the intent of the particular Congress that enacted a particular provision. That methodology is not mine nor, I think, the one that courts have traditionally followed. It is our task, as I see it, not to enter the minds of the Members of Congress - who need have nothing in mind in order for their votes to be both lawful and effective - but rather to give fair and reasonable meaning to the text of the United States Code, adopted by various Congresses at various times.
Antonin Scalia
