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Of course, the power and authority of courts — whether to improperly take policymaking power for themselves or to engage in legitimate decision makin… - Alberto Gonzales
" "Of course, the power and authority of courts — whether to improperly take policymaking power for themselves or to engage in legitimate decision making — is dependent upon the weight of their judgment. That is, it depends on their credibility with the public and the other branches of government. Judicial decisions are obeyed, in large part, because the judgment of the federal Judiciary is respected. But it is perhaps underappreciated that when courts apply an activist philosophy that stretches the law to suit policy preferences, they actually reduce the credibility and authority of the Judiciary. In so doing, they undermine the rule of law that strengthens our democracy. In contrast, a judge who humbly understands the role of the courts in our tripartite system of government decides cases based on neutral principles. He generally defers to the judgment of the political branches, and respects precedent – the collective wisdom of those who have gone before. In so doing, that judge strengthens respect for the Judiciary, upholds the rule of law, and permits the people — through their elected representatives — to make choices about the issues of the day.
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About Alberto Gonzales
Alberto R. Gonzales (born August 4, 1955) was the 80th Attorney General of the United States, becoming the first Hispanic to serve in the position. He formerly served under U.S. President George W. Bush as White House Counsel. He announced his resignation as Attorney General on 27 August 2007.
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Alternative Names:
Alberto Reynaldo Gonzales
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Additional quotes by Alberto Gonzales
A strong and independent Judiciary is necessary for our republic to remain strong, for our democracy to survive, and for the rule of law to flourish. To understand what I mean by independence, let me first clarify what independence is not. Judicial independence does not mean complete freedom from scrutiny or criticism. Judges' decisions may be criticized, and the nature of the job virtually guarantees it. After all, in every court case there will be a loser. Judges must resist the temptation to craft their opinions to avoid criticism or to seek approval, whether from the press, the public, the academy, or Congress.
Today’s gathering is particularly important because I must speak bluntly and urgently, about the single most important part of our jobs: preventing terrorist attacks on American soil. Our success or failure in this endeavor will define in the eyes of some President Bush and his legacy. Right or wrong, this is a task that will also define my government career and, indeed, to some degree my professional life. It will be the legacy of every one of us who is serving in this Administration. Terrorists chose to attack us. But it is we who must now choose — today, tomorrow, the day after that and the day after that, until the end of our government service — to do everything in our powers to stop them from striking again.
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Torture is not tolerated by this country on the battlefield or off. Anyone who tortures or abuses a detainee tarnishes the service of every honorable student and soldier in this room today. The President has said this, and I will say it again: those who commit torture in the name of the United States government will be prosecuted. In any discussion of Guantanamo, detainees and military commissions, I think that one final fact helps put things in perspective — and that is the fact that members of al Qaeda are not merely common criminals. Some critics around the world have argued that they are “just” criminals, that their crimes somehow do not amount to war crimes. But here are the facts: al Qaeda seeks to employ weapons of mass slaughter as a means of achieving political goals against both the civilian and military capacity of the United States, Europe, and our allies throughout the world. Its members continue to fight our Armed Forces on battlefields around the world, and they will continue to do so until we stop them. Al Qaeda has committed acts on a scale that transcends mere crime, as recognized by NATO immediately after the attacks of September 11th. Their crimes are therefore nothing less than war crimes. Given the magnitude of the atrocities al Qaeda has committed, there can be no comparison between the crimes of its members and that of common civilian criminals.
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