Judicial Reform Act of 1997: Hearing Before the Subcommittee on Courts and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Fifth Congress, First Session, on H.R. 1252, Judicial Reform Act of 1997, May 14, 1997
U. S. Staff, United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property
U.S. Government Printing Office, 1997 - 137 strani
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Stran 136 - If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way, which the constitution designates. But let there be no change by usurpation ; for, though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit, which the use can at...
Stran 127 - there is no liberty, if the power of judging be not separated from the legislative and executive powers'.
Stran 135 - Any person alleging that a circuit, district, or bankruptcy judge, or a magistrate, has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts...
Stran 92 - Concerning the duty of the courts with respect to this question, it was stated in Chicago, M. & St. PR Co. v. Minnesota, 134 U. S. 418, 457, 33 L.
Stran 131 - That inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the Courts of justice, can certainly not be expected from Judges who hold their offices by a temporary commission.
Stran 94 - Great constitutional provisions must be administered with caution. Some play must be allowed for the joints of the machine, and it must be remembered that legislatures are ultimate guardians of the liberties and welfare of the people in quite as great a degree as the courts" (Missouri, Kansas & Texas Ry.
Stran 127 - ... union must ensue from a dependence of the former on the latter, notwithstanding a nominal and apparent separation; that as, from the natural feebleness of the judiciary, it is in continual jeopardy...
Stran 131 - If then the courts of justice are to be considered as the bulwarks of a limited constitution against legislative encroachments, this consideration will afford a strong argument for the permanent tenure of judicial offices, since nothing will contribute so much as this to that independent spirit in the judges which must be essential to the faithful performance of so arduous a duty.
Stran 25 - Nor is this all: as the legislative department alone has access to the pockets of the people, and has in some constitutions full discretion, and in all a prevailing influence, over the pecuniary rewards of those who fill the other departments, a dependence is thus created in the latter which gives still greater facility to encroachments of the former.