In a very real sense, the Constitution is our compact with history . . . [but] the Constitution can maintain that compact and serve as the lodestar of our political system only if its terms are binding on us. To the extent we depart from the document's language and rely instead on generalities that we see written between the lines, we rob the Constitution of its binding force and give free reign to the fashions and passions of the day.
Alex KozinskiJust to prove that even the silliest idea can be pursued to its illogical conclusion, Legal Realism spawned Critical Legal Studies.
Alex Kozinski[Y]ou wonder why anyone would make the mistake of calling it the Commerce Clause instead of the 'Hey, you -can-do-whatever-you-feel-like Clause?
Alex KozinskiI was born under Communism. I know what it's like to live in a system where you can't speak, you have to whisper. Where the state is so pervasive and so intrusive.
Alex KozinskiWhen the president, Donald Trump, is a litigant I think it's wise for him not to comment on the judges. It's not going to help anything - and all it's going to do is emphasize the weakness of your position.
Alex KozinskiI think the use of lethal injection is the way of lying to ourselves, to make it look like executions are peaceful, are benign, are sort of like going to sleep, and they're not. They're brutal things.
Alex KozinskiMy excellent colleagues have forgotten these bitter lessons of history. The prospect of tyranny may not grab the headlines the way vivid stories of gun crime usually do. But few saw the Third Reich coming until it was too late. The Second Amendment is a doomsday provision, one designed only for those exceptionally rare circumstances when all other rights have failed. A free people can only afford to make this mistake once.
Alex Kozinski