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The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges views of fairness, reasonableness, or justice. I have no fear of constitutional amendments properly adopted, but I do fear the rewriting of the Constitution by judges under the guise of interpretation.
Hugo BlackIn bad or corrupted natures the body will often appear to rule over the soul, because they are in an evil and unnatural condition. At all events we may firstly observe in living creatures both a despotical and a constitutional rule; for the soul rules the body with a despotical rule, whereas the intellect rules the appetites with a constitutional and royal rule. And it is clear that the rule of the soul over the body, and of the mind and the rational element over the passionate, is natural and expedient; whereas the equality of the two or the rule of the inferior is always hurtful.
AristotleThe Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.... There should be, therefore, great resistance to ... redefining the category of rights deemed to be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority to govern the country without express constitutional authority.
Byron WhiteWe all have the right to call each other names. Rudeness is a deeply held constitutional value.
Barney FrankParticularly when the war power is invoked to do things to the liberties of people, or to their property or economy that only indirectly affect conduct of the war and do not relate to the engagement of the war itself, the constitutional basis should be scrutinized with care. ... I would not be willing to hold that war powers may be indefinitely prolonged merely by keeping legally alive a state of war that had in fact ended. I cannot accept the argument that war powers last as long as the effects and consequences of war for if so they are permanent -- as permanent as the war debts.
Robert H. JacksonIndividuals for whom no orthodox cure is available surely are entitled to select a health care approach.....This right (is) specifically within,,,the 1st, 4th, 5th, 9th, and 14th amendments to the (US) Constitution....To be insensitive to the very fundamental civil liberties....(:) the choice...of the person whose body is being ravaged (by disease), is to display slight understanding of the essence of our free society and its constitutional underpinnings.
Luther L. BohanonI do not espouse the unitarian position. President Clinton's assertion of directive authority over administration, more than President Reagan's assertion of a general supervisory authority, raises serious constitutional questions.
Elena KaganThe notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left.
Robert BorkWe're talking about a militant terrorist situation, which I believe it isn't a widespread thing, but it is enough that we need to address, and we have been addressing it. My thoughts are these, first of all, Dearborn, Michigan, and Frankford, Texas are on American soil, and under constitutional law. Not Sharia law. And I don't know how that happened in the United States. It seems to me there is something fundamentally wrong with allowing a foreign system of law to even take hold in any municipality or government situation in our United States.
Sharron AngleEven if drugs are fully as destructive as they are usually claimed to be, it is morally wrong and demonstrably more destructive for government to deprive people of their unalienable, individual, civil, Constitutional, and human right to make an utter mess of their own lives. Since human beings are inclined to learn more from the mistakes they make, rather than from their triumphs, the right to fail, for individuals and groups alike, may be even more important than the right to succeed, and it must be fiercely protected at almost any cost.
L. Neil SmithI see no constitutional problems with the identification, staving off and defusing of outside threats.
Thomas de MaiziereI wish the constitution, which is offered, had been made more perfect; but I sincerely believe it is the best that could be obtained at this time. And, as a constitutional door is opened for amendment hereafter, the adoption of it, under the present circumstances of the Union, is in my opinion desirable.
George WashingtonMore attention should have been given to the fundamental transformation which took place during Queen Victoria's reign, from ruling sovereign to constitutional monarch. Again, gender mattered. If Albert had lived, it seems clear that he would have resisted that development much more tenaciously, which the gradual emasculation (and feminization) of monarchy was probably more easily accomplished when a woman was on the throne.
David CannadineLet us face reality. The framers (of the Constitution) have simply been too shrewd for us. They have outwitted us. They designed separate institutions that cannot be unified by mechanical linkages frail bridges(or) tinkering. If we are to turn the founders upside down we must directly confront the Constitutional structure they erected.
James MacGregor BurnsI guess the language that Justice Ginsburg used at the closing of the VMI (United States v. Virginia Military Institute) case is an important thing; it resonates with me: 'A prime part of the history of our Constitution is the story of the extension of constitutional rights to people once ignored or excluded.'
Ted OlsonThose who seek to improve our country through peaceful protest and protected speech, I want you to know that your voice is important. Do not be discouraged by those who use your lawful actions as a cover for their heinous violence. We will continue to safeguard your constitutional rights and to work with you in the difficult mission of building a better nation and a brighter future.
Loretta LynchRight after the Civil War there was considerable talk about reviving Lincoln's brief experiment with the Constitutional monetary system. Had not the European money-trust intervened, it would have no doubt become an established institution.
W. Cleon SkousenThe more that voting is glorified as a panacea, the more lackadaisical people become about preserving their constitutional rights.
James BovardBy its attempt to regulate and govern the private businesses, which are miscalled public accommodations in the bill, this proposal would inject the Government into the most sensitive areas of human contractual relations-agreements for personal services. In so doing, constitutional interpretations of long standing are being swept aside in favor of tortuous rationalizations which studiously ignore the constitutionally-forbidden imposition of involuntary servitude on citizens
Strom ThurmondStrictly enforce the scale of "fixed responsibility." The first and foremost level of responsibility is with the individual himself; the second level is the family; then the church; next the community, finally the county, and, in a disaster or emergency, the state. Under no circumstances is the federal government to become involved in public welfare. The Founders felt it would corrupt the government and also the poor. No Constitutional authority exists for the federal government to participate in charity or welfare.
W. Cleon SkousenREPARTEE, n. Prudent insult in retort. Practiced by gentlemen with a constitutional aversion to violence, but a strong disposition to offend. In a war of words, the tactics of the North American Indian.
Ambrose BierceIt is plain that there is no separate essence called courage, no cup or cell in the brain, no vessel in the heart containing drops or atoms that make or give this virtue; but it is the right or healthy state of every man, when he is free to do that which is constitutional to him to do.
Ralph Waldo EmersonI fear that the impact of university censorship and university denial of due process will be to mis-educate a generation of students away from core values of civil liberties and constitutional safeguards. Students who have been led to believe by university administrators and faculty that censorship and denial of due process are acceptable norms will be more susceptible to accepting those norms in their post-university lives. That would be a tragedy for America.
Alan DershowitzLawyers from the NSA, as well as the UK's GCHQ, work very hard to search for loopholes in laws and constitutional protections that they can use to justify indiscriminate, dragnet surveillance operations that were at best unwittingly authorized by lawmakers.
Edward SnowdenI certainly want campaign finance reform. I just wish this would do it in a way that would stand up to a constitutional challenge.
Ben NelsonIn the era of modern technology, people could just vote on their phones for who they want to be judges. We could amend all of the ways in which we select our leaders, with the advent of modern technology. We haven't done so. It's actually served us fairly well. Ours is the longest enduring constitutional, written constitution in the world. At the moment, I think it's strained. It's showing the strains of politics and a frustration.
Martha MinowOur task is nothing less than the creation of a new constitutional order for a new united Europe.
Peter HainThe cause of the South was the cause of constitutional government, the cause of government regulated by law, and the cause of honesty and fidelity in public servants. No nobler cause did man ever fight for!
Benjamin F. GradyIf discrimination based on race is constitutionally permissible when those who hold the reins can come up with "compelling" reasons to justify it, then constitutional guarantees acquire an accordion-like quality.
William O. DouglasThere are people who oppose a federal Constitutional amendment because they think that the law of family should be made by the states. I can see a legitimate argument there. I think it's mistaken, however, because the federal government, through the decisions of life-tenured federal judges, has already taken over that area.
Dallin H. OaksNo doctrine involving more pernicious consequences was ever invented by the wit of man than any [constitutional] provisions can be suspended during any of the great exigencies of government.
Roger Brooke TaneyIn a constitutional democracy the moral content of law must be given by the morality of the framer or legislator, never by the morality of the judge.
Robert BorkI think that the Court's task, in this as in all areas of constitutional adjudication, is not responsibly aided by the uncritical invocation of metaphors like the ' wall of separation,' a phrase nowhere to be found in the Constitution.
Potter StewartThe (Supreme Court) ruling that anyone who's arrested -- even accidentally -- can be strip-searched was decided five to four, with the votes for the searches coming from the Court's five conservatives. You know -- the 'defending personal liberty' guys. Which is weird because I'm not a constitutional scholar, but I'm willing to bet Big Government feels it's biggest when it's inside your anus.
Jon StewartLouis XVI started to die on June 21st 1791. For his flight tore away the veil of that false constitutional monarchy, and once more confronted the Patriot party with the whole problem of the revolution's future.
Francois FuretFor me, the involvement of states in our national effort is not just because of their constitutional and legal responsibilities. It is also stems from a basic management principle. The chances of success are higher when we create a sense of participation for everyone; when we give everyone a stake in success.
Narendra ModiI confess to considerable doubts about the eventual stability of democracy, unless buttressed by constitutional safeguards and a general climate of opinion which thoroughly understands the case for liberty in general
Lionel Robbins, Baron Robbins[Hillary] Clinton's plan would trigger a constitutional crisis unlike almost anything we have ever seen before.
Donald TrumpMust I shoot a simple-minded soldier boy who deserts, while I must not touch a hair of the wily agitator who induces him to desert? I think that in such a cse to silence the agitator and save the boy is not only constitutional but withal a great mercy.
Abraham LincolnHistory teaches us that the capacity of things to get worse is limitless. Roman history suggests that the short, happy life of the American republic may be coming to its end... the US will probably maintain a facade of constitutional government and drift along until financial bankruptcy overtakes it.
Chalmers JohnsonThe President of the United States would be liable to be impeached, tried, and upon conviction of treason, bribery, or other high crimes and misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law. The person of the King of Great Britain is sacred and inviolable: There is no constitutional tribunal to which he is amenable, no punishment to which he can be subjected without involving the crisis of a national revolution.
Alexander HamiltonOne of the greatest disasters that happened to modern civilization was for democracy to inscribe "liberty" on its banners instead of "justice." Because "liberty" was considered the ideal it was not long until some men interpreted it as meaning "freedom from justice"; then when religion and decent government attempted to bring them back to justice, organized into "freedom groups" they protested that their constitutional and natural rights were being violated.
Fulton J. SheenIf it is not totalitarian to arrest a man and detain him, when you cannot charge him with any offence against any written law โ if that is not what we have always cried out against in Fascist states โ then what is it?โฆ If we are to survive as a free democracy, then we must be prepared, in principle, to concede to our enemies โ even those who do not subscribe to our views โ as much constitutional rights as you concede yourself.
Lee Kuan YewThe time has come in our society when I see great wisdom and purpose in a United States Constitutional amendment declaring that marriage is between a man and a woman. There is nothing in that proposed amendment that requires a criminal prosecution or that directs the attorneys general to go out and round people up, but it declares a principle and it also creates a defensive barrier against those who would alter that traditional definition of marriage.
Dallin H. OaksA constitutional statesman is in general a man of common opinions and uncommon abilities.
Walter BagehotIncreased interest and participation by labor in the affairs of government should make for economic and political stability in the future. Labor has a constitutional and statutory right to participate.
John L. LewisEvery president since George Washington has respected this clause in the Constitution. We want to avoid that Constitutional potential crisis. And the way to do it is for Donald Trump - it`s not about him.
Chuck ToddFor black politicians, civil rights organizations and white liberals to support the racist practices of the University of Michigan amounts to no less than a gross betrayal of the civil rights principles of our historic struggle from slavery to the final guarantee of constitutional rights to all Americans. Indeed, it was practices like those of the University of Michigan, but against blacks, that were the focal point of much of the civil rights movement.
Walter E. Williams