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 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 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 KozinskiThe death penalty is barbaric. And I think we as a society need to come face-to-face with that. If we're not willing to face up to the cruelty, we ought not to be doing it.
Alex Kozinski