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 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 KozinskiMillions of people toil in the shadow of the law we make, and much of their livelihood is made possible by the existence of intellectual property rights.
Alex KozinskiIt's not that unusual for presidents to take strong positions on cases decided by the court. But you know, Lesley, that's why the Constitution wisely gave us life tenure. They can talk about us, but they can't remove us.
Alex KozinskiThe Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed - where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.
Alex Kozinski