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The Constitution overrides a statute, but a statute, if…

“The Constitution overrides a statute, but a statute, if consistent with the Constitution, overrides the law of judges. In this sense, judge-made law is secondary and subordinate to the law that is made by legislators.” quote by Benjamin N. Cardozo
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“The Constitution overrides a statute, but a statute, if consistent with the Constitution, overrides the law of judges. In this sense, judge-made law is secondary and subordinate to the law that is made by legislators.”

Benjamin N. Cardozo

About This Quote

This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.

Constitutional law supersedes statutes; statutes that align with the Constitution outrank judicial decisions.

In simple terms: Constitution > statutes > judge-made law.

Key Takeaway

Prioritize constitutional consistency in lawmaking.

Themes

law constitution judiciary

Mood

analytical formal

Type

legal educational

When to use this quote

  • policy drafting
  • court rulings
  • legislative debates
  • legal education

Key Concepts

hierarchy of authority legislative supremacy judicial review

Questions to Reflect On

  • How should courts handle outdated statutes?
  • When does judicial discretion become necessary?
A Different Perspective

Statutes may conflict with evolving societal values.

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