A Compilation of the Messages And Papers of the Presidents volume 16

Cover A Compilation of the Messages And Papers of the Presidents volume 16
A Compilation of the Messages And Papers of the Presidents volume 16
United States. President
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The judge who owes his election to pandering to demagogic sentiments or class hatreds and prejudices, and the judge who owes either his election or his appointment to the money or the favor of a great corporation, are alike unworthy to sit on the bench, are alike traitors to the people; and no profundity of legal learning, or correctness of abstract con- viction on questions of public policy, can serve as an offset to such shortcomings. But it is also true that judges, like executives and legis...lators, should hold sound vie\vs on the questions of public policy which are of vital interest to the people.
The legislators and executives are chosen to represent the people in enacting and administering the laws. The judges are not chosen to represent the people in this sense. Their function is to interpret the laws. The legislators are responsible for the laws; the judges for the spirit in which they interpret and enforce the laws. We stand aloof from the reckless agitators who would make the judges mere pliant tools of popular prejudice and passion; and we stand aloof from those equally unwise partisans of reaction and privilege who deny the proposition that, inasmuch as judges are chosen to serve the interests of the wfiole people, they should strive to find out what those interests are, and, so far as they conscientiously can, should strive to give effect to popular conviction when deliberately and duly expressed by the lawmaking body.


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