“In a constitutional democracy the moral content of law must be given by the morality of the framer or legislator, never by the morality of the judge.”
Robert Bork
Tags: Constitutional | Content | Democracy | Given | Judge | Law | Legislator | Moral | Morality | Must | Never
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Robert Bork
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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.
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When a judge assumes the power to decide which distinctions made in a statute are legitimate and which are not, he assumes the power to disapprove of any and all legislation, because all legislation makes distinctions.
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The purpose that brought the fourteenth amendment into being was equality before the law, and equality, not separation, was written into the law.
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