Robert Bork Quotes
I don't think the Constitution is studied almost anywhere, including law schools. In law schools, what they study is what the court said about the Constitution. They study the opinions. They don't study the Constitution itself.
Bork, Robert H. Interview by Brian Lamb. Booknotes, C-SPAN, 17 Dec. 1989.
Cummings was arguing against a Constitutional amendment. His alternative led to Roosevelt's court packing schema.
This quotation is particularly important because it summarizes one of two opposite schools or thought regarding judicial interpretation of the Constitution that politicians have been arguing about since the Supreme Court first sat. The other is Original Intent where only the original intentions of the writers and ratifiers of the Constitution should be considered—assuming that it can be determined.
This concept of balance of power and the equal role of the judiciary is actually quite rare. Even in Parliamentary democracies the parliament can override any court interpretation. In England, the upper legislative house, the House of Lords, actually serves as the nation’s highest or supreme court. And these “Law Lords” can override all regular judicial bodies.
In reference to the Supreme Court "packing" legislation proposed by President Roosevelt, Prof. Cushman wrote:
The president was asked if he supported the Supreme court's school desegregation decision:
Robert Heron Bork was an American judge, government official, and legal scholar who served as the Solicitor General of the United States from 1973 to 1977. A professor at Yale Law School by occupation, he later served as a judge on the influential U.S. Court of Appeals for the D.C. Circuit from 1982 to 1988. In 1987, President Ronald Reagan nominated Bork to the U.S. Supreme Court, but the U.S. Senate rejected his nomination.