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Character Quote by Robert Bork

“In a constitutional democracy the moral content of law must be given by the morality of the framer or legislator, never by the morality of the judge.” quote by Robert Bork
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“In a constitutional democracy the moral content of law must be given by the morality of the framer or legislator, never by the morality of the judge.”

Robert Bork

About This Quote

Source Legal Treatise: The Rise of the American Constitution, 1978

Law should reflect the moral judgments of its creators, not judges, preserving democratic legitimacy.

In simple terms: Legislators, not judges, set law’s moral basis.

Key Takeaway

Respect legislative intent in lawmaking.

Themes

law democracy judicial restraint

Mood

analytical critical

Type

legal philosophical

When to use this quote

  • legislative drafting
  • judicial review
  • civic education

Key Concepts

constitutional theory separation of powers

Questions to Reflect On

  • Should judges ever override immoral laws?
  • How to balance democratic will and moral rights?
A Different Perspective

Judges may need to correct legislative flaws.

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