My 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 KozinskiJust to prove that even the silliest idea can be pursued to its illogical conclusion, Legal Realism spawned Critical Legal Studies.
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 KozinskiThis is really a pretty good system you have here. What do you call it? "Due process". We're very proud of it.
Alex KozinskiThe First Amendment is really at the very core of political speech, and political speech is at the core of the First Amendment. So, we want to be very careful to make sure that candidates for office are free to express their views so that people will make an informed choice. We don't want them holding back, and sort of concealing their views and then disclosing them afterwards.
Alex KozinskiIn 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 Kozinski