My philosophy has been and continues to be that [the Court] cannot and should not try to seize the initiative in shaping the policy of the law, either by constitutional interpretation or by statutory construction. While the line to be drawn between interpretation and legislation is difficult, and numerous dissents turn upon it, there is a limit beyond which the Court incurs the just charge of trying to supersede the law-making branches. Every Justice has been accused of legislating and every one has joined in that accusation of others. When the Court has gone too far, it has provoked reactions which have set back the cause it is designed to advance and has sometimes called down upon itself severe rebuke.
More from Robert H. Jackson
When the Court moved to Washington in 1800, it was provided with no books, which probably accounts for the high quality of early opinions.
Permalink to quote #55 The Supreme Court in the American System of Government (1955), p. 79-80.
Permalink to quote #57 On your first appearance before the Court, do not waste your time and ours telling us so. We are likely to discover for ourselves that you are a novice but wil…
Permalink to quote #54