Unlike national legal systems, there are precious few avenues to address judicial activism at the WTO. You pretty much have to gain consensus to change the agreements, or simply withdraw from the system. The first is nearly impossible, and the second would be - in the view of many - cataclysmic.

I think the most grievous threat that we have today is this imperialistic judiciary, this judicial monarchy that has it wrong on what the First Amendment's about and has an objective to create religious sterility in the public square, which is wholly inconsistent with the Founding Fathers' view.

Now judicial review, beloved by conservatives, can, of course, fulfill the excellent function of declaring government interventions and tyrannies unconstitutional. But it can also validate and legitimize the government in the eyes of the people by declaring these actions valid and constitutional.

We do not need a heavy theoretical thumb on the scales. What's important is how the traditional sources of law and legal interpretation - text, structure, history, canons of interpretation, precedent, and other well-established tools of the judicial craft - are prioritized, weighted, and applied.

Popularity makes no law invulnerable to invalidation. Americans accept judicial supervision of their democracy - judicial review of popular but possibly unconstitutional statutes - because they know that if the Constitution is truly to constitute the nation, it must trump some majority preferences.

Back in 2005, Judicial Watch uncovered a Border Patrol survey conducted by the Bush administration in 2004 to determine what impact amnesty would have on illegal immigration. Want to take a guess at the outcome? Even the rumor of Mr. Bush's amnesty program led to a sharp spike in illegal immigration.

Decision by decision, Justice Ginsburg reaffirmed the ideals of our Constitution and our shared values of fairness, equality, and opportunity. Her judicial opinions on voting rights, gender discrimination, and same-sex marriage made this country stronger and will continue to ring out through the ages.

The hardest problems of all in law enforcement are those involving a conflict of law and local customs. History has recorded many occasions when the moral sense of a nation produced judicial decisions, such as the 1954 decision in Brown v. Board of Education, which required difficult local adjustments.

The administration of George W. Bush, emboldened by the Sept. 11 attacks and the backing of a Republican Congress, has sought to further extend presidential power over national security. Most of the expansion has taken place in secret, making Congressional or judicial supervision particularly difficult.

An application of judicial power that does not rest on facts is worse than mindless, it is inherently dangerous. If its deployment does not rest on facts - cold, hard, solid facts, established either by admissions or by trials - it serves no lawful or moral purpose and is simply an engine of oppression.

I have no doubt that if confirmed, Judge Gorsuch would help to restore confidence in the rule of law. His years on the bench reveal a commitment to judicial independence - a record that should give the American people confidence that he will not compromise principle to favor the president who appointed him.

I'm a part of major league rugby. We had a league meeting to decide what to do with anthem protests, and even though I personally agree with what they say they are protesting as inequality and judicial system and incarceration rates among minorities, we decided all should stand and respect every national anthem.

When President Donald Trump nominated Judge Neil Gorsuch to serve on the Supreme Court, I said that he deserved a fair hearing and a vote. I said this even though Senate Republicans filibustered dozens of President Obama's judicial nominees and then stopped President Obama's Supreme Court nominee, Judge Merrick Garland.

By Congress delegating its authority to the executive and judicial branches, we've removed the American people from the process. They're left as bystanders to the whims of executive overreach, and they're watching the country they know and love slip away. Worse, they think their representatives are powerless to stop it.

We all learn in school that the judicial, legislative and executive branches of government must check and balance each other. But other non state institutions must participate in this important system of checks and balances as well. These checking institutions include the academy, the media, religious institutions and NGOs.

Nationwide injunctions undermine the democratic process, depart from history and tradition, violate constitutional principles, and impede sound judicial administration, all at the cost of public confidence in our institutions and particularly in our courts as apolitical decision-makers dispassionately applying objective law.

Climate change joined immigration, job creation, food safety, pilot training, veterans' care, campaign finance, transportation security, labor law, mine safety, wildfire management, and scores of executive and judicial appointments on the list of matters that the world's greatest deliberative body is incapable of addressing.

The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, alterable when the legislature shall please to alter it. It is emphatically the province and duty of the judicial department to say what the law is. This is the very essence of judicial duty.

We need not only an executive to make international law, but we need the military forces to enforce that law and the judicial system to bring the criminals to justice before they have the opportunity to build military forces that use these horrid weapons that rogue nations and movements can get hold of - germs and atomic weapons.

During the Obama years, the Republicans have done an unprecedented amount of stonewalling on cabinet-and-below appointees. I would also argue that their war on judicial nominees has been way beyond what went before. Really, if the president nominated God to serve on the D.C. Court of Appeals, Mitch McConnell would threaten a filibuster.

In 1987, I had my first opportunity to provide 'advice and consent' on a Supreme Court nominee. At that time, I stated that the qualifications essential for evaluating a nominee for the bench included 'integrity, character, legal competence and ability, experience, and philosophy and judicial temperament.' On that test, Elena Kagan fails.

The legal principle placing the burden of proof on accusers rather than the accused can be traced back to Second and Third Century Roman jurist, Julius Paulus Prudentissimus. Yet, this ancient concept, which forms the legal and moral cornerstone of the American judicial system, is quickly being undermined in the name of 'national security.'

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