Quote by Byron White
The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.
Summary
This quote suggests that the legitimacy of the Court is at its weakest when it creates constitutional law that is not clearly supported by the language or intentions of the Constitution. It implies that the Court should base its decisions on clear constitutional guidelines rather than subjective interpretations. By diverging too far from the Constitutional foundations, the Court risks undermining its credibility and authority as an impartial arbiter of law.
Topics
Design
By Byron White
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