Presidents -- United States -- Messages; United States -- Politics and government -- Sources
prevent its abolition.
It may be the highest duty of a judge at any given moment to disregard,
not merely the wishes of individuals of great political or financial
power, but the overwhelming tide of public sentiment; and the judge who
does thus disregard public sentiment when it is wrong, who brushes
aside the plea of any special interest when the pleading is not rounded
on righteousness, performs the highest service to the country. Such a
judge is deserving of all honor; and all honor can not be paid to this
wise and fearless judge if we permit the growth of an absurd convention
which would forbid any criticism of the judge of another type, who
shows himself timid in the presence of arrogant disorder, or who on
insufficient grounds grants an injunction that does grave injustice, or
who in his capacity as a construer, and therefore in part a maker, of
the law, in flagrant fashion thwarts the cause of decent government.
The judge has a power over which no review can be exercised; he himself
sits in review upon the acts of both the executive and legislative
branches of the Government; save in the most extraordinary cases he is
amenable only at the bar of public opinion; and it is unwise to
maintain that public opinion in reference to a man with such power
shall neither be exprest nor led.
The best judges have ever been foremost to disclaim any immunity from
criticism. This has been true since the days of the great English Lord
Chancellor Parker, who said: "Let all people be at liberty to know what
I found my judgment upon; that, so when I have given it in any cause,
others may be at liberty to judge of me." The proprieties of the case
were set forth with singular clearness and good temper by Judge W. H.
Taft, when a United States circuit judge, eleven years ago, in 1895:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account