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It is impossible to build sound constitutional doctrine upon a mistaken understanding of Constitutional history... The establishment clause has been expressly freighted with Jefferson's misleading metaphor for nearly forty years... There is simply no historical foundation for the proposition that the framers intended to build a wall of separation... The recent court decisions are in no way based on either the language or intent of the framers.
William RehnquistIf you look at the minutes of the constitutional convention - which we have - Madison who was the main framer, proceeded to develop a system in which - as he put it - power would be in the hands of the wealth of the nation, the more responsible set of men and who recognize the need to protect the rights of property owners. That's why in the constitutional system, the most powerful part of the whole system is the senate.
Noam ChomskyThere could be constitutional problems with executive detention if it is seen to be arbitrary. I didn't actually say that the NSW Government's proposed anti-terrorism bill was necessarily unconstitutional - that was sloppy journalism - I said that executive detention may raise constitutional problems if it is seen to be arbitrary as being an invasion of the judicial function.
George BrandisIn 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 layman's constitutional view is that what he likes is constitutional and that which he doesn't like is unconstitutional.
Hugo BlackThe Reagan Administration has fostered a climate in which a barest majority of the Supreme Court caters to the passions and hatreds of the American mob, stripping away the constitutional shield outside our bedrooms.... How tragically ironic that an Administration that promised to get Government "off our backs" is now so active in draping Government gumshoes over every part of our anatomies.
Carl T. RowanThe Bill of Rights was not written to protect governments from trouble. It was written precisely to give the people the constitutional means to cause trouble for governments they no longer trusted.
Henry Steele CommagerThe 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 BorkI think that if we get back to some basic fundamental principles, we can make sure that we resolve the issues. And I think that that's what the Tea Party was all about. It's getting back to a constitutional conservative government. And that is limited, but it's also effective and efficient. I think that that's what we'll be able to do.
Allen WestThe heartbreak of runaway corruption, abuse of power and indefensible criminality by our government and media should, must inspire all good we-the-people Americans to wake the hell up from the embarrassing self-inflicted curse of apathy and start demanding Constitutional accountability from our elected employees.
Ted NugentI'm disappointed, depressed, and demoralized. [...] It is very hard to avoid the conclusion that President Bush flinched from a fight on constitutional philosophy. Miers is undoubtedly a decent and competent person. But her selection will unavoidably be judged as reflecting a combination of cronyism and capitulation on the part of the president.
William KristolWe'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 AngleElect me to office. I will protect and defend the U.S. Constitution. Because there's no constitutional authority for Congress spending on the objects of benevolence, don't expect for me to vote for prescription drugs for the elderly, handouts to farmers and food stamps for the poor. Instead, I'll fight these and other unconstitutional congressional expendituresโ? I'll tell you how many votes he'll get: It will be Williams' vote, and that's it.
Walter E. WilliamsI have a constitutional weakness in which I am very easily distracted by flashing lights. If there is a TV on in the room, I can't have a conversation with you. I won't eat, I won't sleep, I'll just meld with my couch.
Rachel MaddowIve been in the legislative branch and now the executive branch and in each case I felt it was important we use our constitutional responsibilities to the fullest.
John EnglerIf the constitutional right to keep and bear arms is to mean anything, it must, as a general matter, permit a person to possess, carry and sometimes conceal arms to maintain the security of his private residence or privately operated business.
David Prosser, Jr.If our free society is to endure, those who govern must recognize human dignity and accept the enforcement of constitutional limitations on their power conceived by the Framers . . . . Such recognition will not come from a technical understanding of the organs of government, or the new forms of wealth they administer. It requires something different, something deeper-a personal confrontation with the wellsprings of our society.
William J. BrennanBetween government in the republican meaning, that is, Constitutional, representative, limited government, on the one hand, and Empire on the other hand, there is mortal enmity.
Garet GarrettThe State, every government whatever its form, character or color - be it absolute or constitutional, monarchy or republic, Fascist, Nazi or bolshevik - is by its very nature conservative, static, intolerant of change and opposed to it.
Emma GoldmanI define the terms "founding fathers" and "founders" broadly to include an entire generation or two of Americans from many walks of life who, in the last half of the 18th century and early 19th century, articulated the rights of colonists, secured independence from Great Britain, and established new constitutional republics at both the national and state levels. This definition includes a cast of thousands who played their patriotic part at the local, state, and/or national levels. Among them were citizen soldiers, elected representatives, polemicists, and patriot preachers.
Daniel L DreisbachStrictly 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 SkousenIn a landmark decision, the Supreme Court ruled President Obama's healthcare mandate is constitutional. This is a major victory for President Obama, who spent three years promoting it, and a major setback for Mitt Romney, who spent three years creating it.
Jay LenoHas President Bush exceeded his constitutional authority or acted illegally in authorizing wiretaps without a warrant? Benjamin Franklin would not have thought so.
Pete du PontI think it is appropriate that we pay tribute to this great constitutional principle which is enshrined in the First Amendment of the Constitution: the principle of religious independence, of religious liberty, of religious freedom.
John F. KennedyFor thirty years, beginning with the invention of a privacy right in the Supreme Court decision Roe v. Wade, the Left has been waging a systematic assault on the constitutional foundation of the nation.
David HorowitzThe Government have made it clear that the constitutional treaty will be ratified in the UK only after a referendum.
Geoff HoonLawyers 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 SnowdenThe Second Amendment is a constitutional right. I didn't make it up, the Republican Party didn't make it up. It's in the Constitution. I think it's just as important as any of the other rights in our constitution.
Marco RubioCivil libertarians have raised concerns that some of the Patriot Act's provisions infringe on Constitutional rights. Those concerns are not supported by the facts.
Roger WickerObviously, Donald Trump won't be impeached or removed so long as the Republicans hold even one House of Congress. And even should they lose both in November of 2018, launching an impeachment - as the Republicans discovered with Bill Clinton - is very dangerous to the impeaching party. Unless you have a highly credible set of extremely damning facts, you turn a constitutional crisis into a political crisis. You rally potential supporters of the impeached president to him. You make his base bigger. So I imagine that he is likely to serve out the full term.
David FrumIn 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 MinowThe honest and serious student of American history will recall that our Founding Fathers managed to write both the Declaration of Independence and the Constitution without using the term 'democracy' even once. No part of any of the existing state Constitutions contains any reference to the word. [The men] who were most influential in the institution and formulation of our government refer to 'democracy' only to distinguish it sharply from the republican form of our American Constitutional system.
Clarence ManionThere 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. Oaks... large and permanent military establishments ... are forbidden by the principles of free government, and against the necessity of which the militia were meant to be a constitutional bulwark.
James MadisonWhen the President of the United States attacks a movie star it is undignified and it casts a poor light on the United States of America. When the President of the United States attacks a sitting judge and questions his legitimacy, that actually can lead to a Constitutional crisis.
Mika BrzezinskiOne might plausibly contend that Congress violates the spirit, if not the letter, of the constitutional doctrine of separation of powers when it exonerates itself from the impositions of the laws it obligates people outside the legislature to obey.
Ruth Bader GinsburgFrom a constitutional point of view George W. Bush passing through the Patriot Act is no worse than Obama renewing it.
Naomi WolfI believe that there is a moral and constitutional equivalence between laws designed to subjugate a race and those that distribute benefits on the basis of race in order to foster some current notion of equality.... In my mind, government-sponsored racial discrimination based on benign prejudice is just as noxious as discrimination inspired by malicious prejudice.
Clarence ThomasI am a member of a party of one, and I live in an age of fear. Nothing lately has unsettled my party and raised my fears as much as your editorial, on Thanksgiving Day, suggesting that employees should be required to state their beliefs in order to hold their jobs. The idea is inconsistent with our constitutional theory and has been stubbornly opposed by watchful men since the early days of the Republic.
E. B. WhiteSince it is proposed to regard chemical reactions as electrical transactions in which reagents act by reason of a constitutional affinity either for electrons or for atomic nuclei, it is important to be able to recognize which type of reactivity any given reagent exhibits.
Christopher Kelk Ingoldstatutory regulations, legislative enactments, constitutional provisions, are invasive. They never yet induced man to do anything he could and would not do by virtue of his intellect or temperament, nor prevented anything that man was impelled to do by the same dictates.
Emma GoldmanDuring the Suffragette revolt of 1913 I[urged] that what was needed was not the vote, but a constitutional amendment enactingthat all representative bodies shall consist of women and men in equal numbers, whether elected or nominated or coopted or registered or picked up in the street like a coroner's jury. In the case of elected bodies the only way of effecting this is by the Coupled Vote. The representative unit must not be a man or a woman but a man and a woman.
George Bernard ShawTo consider judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.
Thomas JeffersonSecession, like any other REVOLUTIONARY ACT, may be morally justified by the extremity of oppression; but to call it a constitutional right is confounding the meaning of terms.
Andrew JacksonIf 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 YewFor 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