"We may have lured judges into roaming at large in the constitutional field"
About this Quote
The “constitutional field” metaphor matters, too. A field has boundaries, but they’re easy to ignore if no one maintains the fence. Burger, a Nixon appointee and conservative counterweight to the Warren Court, was speaking in an era when liberals celebrated the judiciary as the engine of civil rights and procedural protections. His unease reflects a backlash: if courts can discover new rights and impose nationwide rules, then politics gets outsourced to a small priesthood in robes. Burger isn’t just criticizing “activist judges”; he’s criticizing the public’s addiction to judicial solutions when legislatures stall.
The subtext is strategic institutional self-defense. Burger is Chief Justice warning that the Court’s legitimacy depends on restraint, because power that looks self-authorized invites retaliation: court-curbing bills, confirmation wars, and a public that treats judicial decisions as partisan outcomes. He’s sketching a constitutional ecology: when other branches abdicate, judges don’t merely step in - they’re invited to trespass.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
| Cite |
Citation Formats
APA Style (7th ed.)
Burger, Warren E. (2026, January 16). We may have lured judges into roaming at large in the constitutional field. FixQuotes. https://fixquotes.com/quotes/we-may-have-lured-judges-into-roaming-at-large-in-95885/
Chicago Style
Burger, Warren E. "We may have lured judges into roaming at large in the constitutional field." FixQuotes. January 16, 2026. https://fixquotes.com/quotes/we-may-have-lured-judges-into-roaming-at-large-in-95885/.
MLA Style (9th ed.)
"We may have lured judges into roaming at large in the constitutional field." FixQuotes, 16 Jan. 2026, https://fixquotes.com/quotes/we-may-have-lured-judges-into-roaming-at-large-in-95885/. Accessed 12 Feb. 2026.
