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Robert Bork, at opening of Judiciary hearings: How should…

“Robert Bork, at opening of Judiciary hearings: How should a judge go about finding the law? The only legitimate way, in my opinion, is by attempting to discern what those who made the law intended... As I wrote in an opinion for our court, the judge's responsibility "is to discern how the framers'…” quote by Joe Biden
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““Robert Bork, at opening of Judiciary hearings: How should a judge go about finding the law? The only legitimate way, in my opinion, is by attempting to discern what those who made the law intended... As I wrote in an opinion for our court, the judge's responsibility "is to discern how the framers' values, defined in the context of the world they knew, apply in the world we know. If a judge abandons intentions as his guide, there is no law available to him, and he begins to legislate a social agenda for the American people. That goes well beyond his powers..””

Joe Biden

About This Quote

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

Judges should interpret law based on original intent, not personal agendas.

In simple terms: Law must follow framers' original purpose.

Key Takeaway

Uphold originalist interpretation to preserve rule of law.

Themes

law judiciary originalism democracy

Mood

thoughtful serious

Type

legal philosophical

When to use this quote

  • court decisions
  • policy debates
  • constitutional amendments
  • legal education

Key Concepts

constitutional intent judicial restraint legislative intent

Questions to Reflect On

  • How should courts balance original intent with modern realities?
  • Is strict originalism always just?
A Different Perspective

Originalism can ignore evolving societal contexts.

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