Consistent Quote by Benjamin N. Cardozo
“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.”
About This Quote
Source Legal Treat: The Nature of Judicial Process, 1921
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- How should courts handle outdated statutes?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.
![“The Court's decision reflects the philosophy that judges should endure whatever interpretive distortions it takes in order to correct a supposed flaw in the statutory machinery. That philosophy ignores the American people's decision to give Congress '[a]ll legislative Powers' enumerated in the…” quote by Antonin Scalia](https://sms4smile.com/quotes/img-quotes/73f/antonin-scalia-2855_congress_the-court-s-decision-reflects-the-philos_386108.jpg)
