Judicial Discretion Quotes
This is a very important and fundamental quotation. Jefferson, John Adams, John Jay and many other Founding Fathers told us that the jury of peers was the final arbiter of a court case. However, many modern judges and legislatures have tried to erode that principle. In most states judges instructs juries that they are the final arbiter of the facts but he/she is the final arbiter of the law and how it should be applied in the case. But the founders wanted the jury to be the final arbiters of the law as well as the facts as is illustrated here and in {640588} and {640589}. For a more modern concurring view, see {640590}
Jefferson, like most Presidents and ex-presidents, had his concerns about the judiciary and judicial checks, especially of the Executive Branch.
Two openings appeared on the Supreme Court for Nixon to fill. He heard from many people on recommendations, but he wanted to fill the posts with “strict constructionists.” Rehnquist had written giving him a political operational definition of a strict constructionist. This memo was never released to the public by the White House on the grounds that it was protected by Executive Privilege. However, the definition given had virtually nothing to do with the concept of strict construction but is a definition of a ideological conservative constructing his own meaning to the Constitution. The source for the text came from John Dean, the Counsel to the President, who found this memo in his White House file and revealed it at a question and answer session at the Commonwealth Club of San Francisco, October 10, 2001.
The “all deliberate speed” phrase later was used in Brown v. Board of Education, 1954.
In 2002 the corrupt Indonesian Courts ruled that a very solvent Canadian company Manulife was bankrupt so that others could get control. The international financial and political community wanted the Indonesian government to intervene and reverse the rulings, but historically the courts had no independence and had been tools of the government.
