--- title: "Meaning & Key Takeaway of: As an exercise of raw judicial power, the…" description: "\"As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and ext..." image: "https://sms4smile.com/quotes/i/015/byron-white-28291_authority_as-an-exercise-of-raw-judicial-power-the_2084811.jpg" --- # As an exercise of raw judicial power, the Court perhaps… ![“As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.” quote by Byron White](https://sms4smile.com/quotes/i/015/byron-white-28291_authority_as-an-exercise-of-raw-judicial-power-the_2084811.jpg) [Download](https://sms4smile.com/quotes/i/015/byron-white-28291_authority_as-an-exercise-of-raw-judicial-power-the_2084811.jpg) [Open image](https://sms4smile.com/quotes/i/015/byron-white-28291_authority_as-an-exercise-of-raw-judicial-power-the_2084811.jpg) > “As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.” [Byron White](https://sms4smile.com/quotes/author/byron-white/) ## About This Quote This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation. Judicial review can become overreaching, risking misuse of power. **In simple terms:** Court power may be excessive. Key Takeaway Limit judicial overreach. Themes law constitution power Mood critical analytical Type legal philosophical When to use this quote - court rulings - legislative debates Key Concepts judicial review checks and balances Questions to Reflect On - Should courts self‑regulate? - How to ensure fair review? A Different Perspective Balancing authority with democratic accountability is complex. ★ ★ ★ ★ ★ No ratings yet [Authority](https://sms4smile.com/quotes/about/authority/) [Constitution](https://sms4smile.com/quotes/about/constitution/) [Court](https://sms4smile.com/quotes/about/court/) [Exercise](https://sms4smile.com/quotes/about/exercise/) [Fitness](https://sms4smile.com/quotes/about/fitness/) [Judgment](https://sms4smile.com/quotes/about/judgment/) [Judicial](https://sms4smile.com/quotes/about/judicial/) [Judicial power](https://sms4smile.com/quotes/about/judicial-power/) [Judicial review](https://sms4smile.com/quotes/about/judicial-review/) [Power](https://sms4smile.com/quotes/about/power/) [Today](https://sms4smile.com/quotes/about/today/) ## Related quotes > [Narrow scope of judicial power was the reason that people accepted the idea that the federal courts could have the power of judicial review;…](https://sms4smile.com/quotes/sam-brownback/narrow-scope-of-judicial-power-was-the-reason-that-people-accepted/) [Sam Brownback](https://sms4smile.com/quotes/author/sam-brownback/) > [The Court's legitimacy arises from the source of its authority - which is, of course, the Constitution - and is best preserved by adhering…](https://sms4smile.com/quotes/diane-s-sykes/the-court-s-legitimacy-arises-from-the-source-of-its-authority-which/) [Diane S. Sykes](https://sms4smile.com/quotes/author/diane-s-sykes/) > [ \[T\]he opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their,… ](https://sms4smile.com/quotes/thomas-jefferson/t-he-opinion-which-gives-to-the-judges-the-right-to-decide-what-laws/) [Thomas Jefferson](https://sms4smile.com/quotes/author/thomas-jefferson/) > [The court's authority must be clear, and it must not blatantly intervene in the decisions of the legislative and executive branches.](https://sms4smile.com/quotes/ayelet-shaked/the-court-s-authority-must-be-clear-and-it-must-not-blatantly/) [Ayelet Shaked](https://sms4smile.com/quotes/author/ayelet-shaked/) > [“the creative power of the judicial system in shaping the law cannot be overlooked entirely. This factor needs to be consciously accepted as one…](https://sms4smile.com/quotes/henrietta-newton-martin/the-creative-power-of-the-judicial-system-in-shaping-the-law-cannot/) [Henrietta Newton Martin](https://sms4smile.com/quotes/author/henrietta-newton-martin/) > [A question arises whether all the powers of government, legislative, executive, and judicial, shall be left in this body? I think a people cannot…](https://sms4smile.com/quotes/john-adams/a-question-arises-whether-all-the-powers-of-government-legislative/) [John Adams](https://sms4smile.com/quotes/author/john-adams/) > [Much of the Constitution is remarkably simple and straightforward - certainly as compared to the convoluted reasoning of judges and law professors discussing what…](https://sms4smile.com/quotes/thomas-sowell/much-of-the-constitution-is-remarkably-simple-and-straightforward/) [Thomas Sowell](https://sms4smile.com/quotes/author/thomas-sowell/) > [The dignity and stability of government in all its branches, the morals of the people, and every blessing of society depend so much upon…](https://sms4smile.com/quotes/john-adams/the-dignity-and-stability-of-government-in-all-its-branches-the/) [John Adams](https://sms4smile.com/quotes/author/john-adams/) > [“A jury is always a more orthodox body than any defendant brought before it; for blacks it is usually a whiter group, for poor…](https://sms4smile.com/quotes/howard-zinn/a-jury-is-always-a-more-orthodox-body-than-any-defendant-brought/) [Howard Zinn](https://sms4smile.com/quotes/author/howard-zinn/) > [Roe v. Wade used raw judicial power to overturn the democratically passed laws in every state in the country and remove state restrictions on…](https://sms4smile.com/quotes/mercedes-schlapp/roe-v-wade-used-raw-judicial-power-to-overturn-the-democratically/) [Mercedes Schlapp](https://sms4smile.com/quotes/author/mercedes-schlapp/) > [By creating a prosecutor who is overseen over by a court, they are melding executive and judicial power in a way that can lead…](https://sms4smile.com/quotes/john-bolton/by-creating-a-prosecutor-who-is-overseen-over-by-a-court-they-are/) [John Bolton](https://sms4smile.com/quotes/author/john-bolton/) > [If there are such things as political axioms, the propriety of the judicial power of a government being co-extensive with its legislative, may be…](https://sms4smile.com/quotes/alexander-hamilton/if-there-are-such-things-as-political-axioms-the-propriety-of-the/) [Alexander Hamilton](https://sms4smile.com/quotes/author/alexander-hamilton/) > [On any other hypothesis, the delegation of judicial power would annul the authority delegating it; and the concurrence of this department with the others…](https://sms4smile.com/quotes/james-madison/on-any-other-hypothesis-the-delegation-of-judicial-power-would-annul/) [James Madison](https://sms4smile.com/quotes/author/james-madison/) > [The rule of God is not tyranny, for it does not partake of a political or governmental character -- it is not a rule…](https://sms4smile.com/quotes/william-batchelder-greene/the-rule-of-god-is-not-tyranny-for-it-does-not-partake-of-a-political/) [William Batchelder Greene](https://sms4smile.com/quotes/author/william-batchelder-greene/) > [“and line of cases. Justice Byron R. "Whizzer" White, a JFK appointee, dissented, calling Doe an act of "raw judicial power," as it took…](https://sms4smile.com/quotes/william-j-bennett/and-line-of-cases-justice-byron-r-whizzer-white-a-jfk-appointee/) William J. Bennett ## More by Byron White > [We're the only branch of government that explains itself in writing every time itmakes a decision.](https://sms4smile.com/quotes/byron-white/we-re-the-only-branch-of-government-that-explains-itself-in-writing/) [Byron White](https://sms4smile.com/quotes/author/byron-white/) > [The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in…](https://sms4smile.com/quotes/byron-white/the-court-is-most-vulnerable-and-comes-nearest-to-illegitimacy-when/) [Byron White](https://sms4smile.com/quotes/author/byron-white/) > [The law is constantly based on notions of morality, and if all laws representing essentially moral choices are to be invalidated under the due…](https://sms4smile.com/quotes/byron-white/the-law-is-constantly-based-on-notions-of-morality-and-if-all-laws/) [Byron White](https://sms4smile.com/quotes/author/byron-white/) > [The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in…](https://sms4smile.com/quotes/byron-white/the-court-is-most-vulnerable-and-comes-nearest-to-illegitimacy-when-2/) [Byron White](https://sms4smile.com/quotes/author/byron-white/) > [While the collateral consequences of drugs such as cocaine are indisputably severe, they are not unlike those which flow from the misuse of other,…](https://sms4smile.com/quotes/byron-white/while-the-collateral-consequences-of-drugs-such-as-cocaine-are/) [Byron White](https://sms4smile.com/quotes/author/byron-white/) > [The issue presented is whether the Federal Constitution confers a fundamental right upon homosexuals to engage in sodomy, and hence invalidates the laws of…](https://sms4smile.com/quotes/byron-white/the-issue-presented-is-whether-the-federal-constitution-confers-a/) [Byron White](https://sms4smile.com/quotes/author/byron-white/) > [When the whistle blows you have only a limited amount of time to do what you have to do. You either do it then…](https://sms4smile.com/quotes/byron-white/when-the-whistle-blows-you-have-only-a-limited-amount-of-time-to-do/) [Byron White](https://sms4smile.com/quotes/author/byron-white/) > [Sports constantly make demands on the participant for top performance, and they develop integrity, self-reliance and initiative. They teach you a lot about working…](https://sms4smile.com/quotes/byron-white/sports-constantly-make-demands-on-the-participant-for-top-performance/) [Byron White](https://sms4smile.com/quotes/author/byron-white/) > [Maintaining order in the classrooms has never been easy and it is evident that the school setting requires some easing of the restrictions to…](https://sms4smile.com/quotes/byron-white/maintaining-order-in-the-classrooms-has-never-been-easy-and-it-is/) [Byron White](https://sms4smile.com/quotes/author/byron-white/) > [Respondent would have us announce a fundamental right to engage in homosexual sodomy. This we are quite unwilling to do.](https://sms4smile.com/quotes/byron-white/respondent-would-have-us-announce-a-fundamental-right-to-engage-in/) [Byron White](https://sms4smile.com/quotes/author/byron-white/) > [The 1st Amendment protects the right to speak, not the right to spend.](https://sms4smile.com/quotes/byron-white/the-1st-amendment-protects-the-right-to-speak-not-the-right-to-spend/) [Byron White](https://sms4smile.com/quotes/author/byron-white/) > [It is not better that all felony suspects die than that they escape. Where the suspect poses no immediate threat to the officer and…](https://sms4smile.com/quotes/byron-white/it-is-not-better-that-all-felony-suspects-die-than-that-they-escape/) [Byron White](https://sms4smile.com/quotes/author/byron-white/) > [We're the only branch of government that explains itself in writing every time it makes a decision.](https://sms4smile.com/quotes/byron-white/we-re-the-only-branch-of-government-that-explains-itself-in-writing-2/) [Byron White](https://sms4smile.com/quotes/author/byron-white/) > [The role of the judge is simply to decide cases.](https://sms4smile.com/quotes/byron-white/the-role-of-the-judge-is-simply-to-decide-cases/) [Byron White](https://sms4smile.com/quotes/author/byron-white/) > [The risk of racial prejudice infecting a capital sentencing proceeding is especially serious in light of the complete finality of the death sentence.](https://sms4smile.com/quotes/byron-white/the-risk-of-racial-prejudice-infecting-a-capital-sentencing/) [Byron White](https://sms4smile.com/quotes/author/byron-white/) [Explore all 19 Byron White quotes ](https://sms4smile.com/quotes/author/byron-white/) ## More Authority quotes > [I don't believe in competitions between artists. This is insane. Who has the authority to say someone is better?](https://sms4smile.com/quotes/alan-arkin/i-don-t-believe-in-competitions-between-artists-this-is-insane-who/) [Alan Arkin](https://sms4smile.com/quotes/author/alan-arkin/) > [Islam never differentiates between men and women as regards political rights and puts them on an equal footing. 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Coyne](https://sms4smile.com/quotes/author/jerry-a-coyne/) > [Every wife ought to answer for her man. If the husband be engaged in a seditious club, or drinks mysterious healths, or be frugal…](https://sms4smile.com/quotes/joseph-addison/every-wife-ought-to-answer-for-her-man-if-the-husband-be-engaged-in-a/) [Joseph Addison](https://sms4smile.com/quotes/author/joseph-addison/) > [Miracles are like candles lit up until the sun rises, and then blown out. Therefore, I am amused when I hear sects and churches…](https://sms4smile.com/quotes/henry-ward-beecher/miracles-are-like-candles-lit-up-until-the-sun-rises-and-then-blown/) [Henry Ward Beecher](https://sms4smile.com/quotes/author/henry-ward-beecher/) > [The execution was set for the 29th of March, at nine in the morning. This delay was due to a desire on the part…](https://sms4smile.com/quotes/jorge-luis-borges/the-execution-was-set-for-the-29th-of-march-at-nine-in-the-morning/) [Jorge Luis Borges](https://sms4smile.com/quotes/author/jorge-luis-borges/) > [I started with the belief that every person who came to the laboratory was free to accept or to reject the dictates of authority.…](https://sms4smile.com/quotes/stanley-milgram/i-started-with-the-belief-that-every-person-who-came-to-the/) [Stanley Milgram](https://sms4smile.com/quotes/author/stanley-milgram/) > [The rationale which accompanies that imposition of male authority euphemistically referred to as 'the battle of the sexes' bears a certain resemblance to the…](https://sms4smile.com/quotes/kate-millett/the-rationale-which-accompanies-that-imposition-of-male-authority/) [Kate Millett](https://sms4smile.com/quotes/author/kate-millett/) > [“We are at the mercy of whoever wields authority over the things we either desire or detest. 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