Douglas Kmiec Court Quotations

He has effected a sea-change in American constitutional jurisprudence. His sophisticated revival of federalism, in particular, renews that which makes democracy work -- not in theory, but on the ground. It gives divergent voices a chance to be heard and prevail, not in one venue, but in 50. Had the Court heeded his wisdom more thoroughly, there would be less nonsense about red and blue division and far less cultural warfare.

Here is somebody at still a young age who had a very strong institutional appreciation for the role of the Supreme Court in the federal system and worried far more maturely than some of his senior counterparts of the effect on our constitutional system.

We should look for a court with a lowered profile, a court that tries to resolve cases but one that does not discover new constitutional rights.

The Rehnquist court ... attempted to restore dual sovereignty and the conception that states have functions that cannot be displaced by the federal government.

I had the distinct impression he didn't think it was a good idea. There was a real risk of the proposal reducing the intended role of the Supreme Court as the final voice.