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there ought always to be a constitutional method of giving efficacy to constitutional provisions. What for instance would avail restrictions on the authority of the state legislatures, without some constitutional mode of enforcing the observance of them? . . . This power must either be a direct negative on the state laws, or an authority in the federal courts, to over-rule such as might be in manifest contravention of the articles of union.
James MadisonTo be true to its constitutional role, the Supreme Court should refuse to be drawn into making public policy, and it should strike down legislation only when a clear constitutional violation exists. When judicial activists resort to various inventions and theories to impose their personal views on privacy and liberty, they jeopardize the legitimacy of the judiciary as an institution and undermine the role of the other branches of government.
Mark LevinA constitutional state is like daily bread, like water to drink and air to breath, and the best thing about democracy is that it is the only system capable of securing the constitutional state.
Gustav RadbruchAnd that law of the land which is constitutional, supporting that principle of freedom in maintaining rights and privileges, belongs to all mankind, and is justifiable before me. Therefore, I, the Lord, justify you, and your brethren of my church, in befriending that law which is the constitutional law of the land.
Joseph Smith, Jr.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 ChomskyIn most constitutional states the citizens rule and are ruled by turns, for the idea of a constitutional state implies that the natures of the citizens are equal, and do not differ at all.
AristotleWe all have the right to call each other names. Rudeness is a deeply held constitutional value.
Barney FrankOne question we must consider today is how we can take action to unify our nation, heal racial division, end poverty and give real-life meaning to the constitutional mandate that there be equal protection under law.
Edward KennedyIndividuals 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. BohanonThe 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 BorkWas the Vietnam conflict a war which should have, as a matter of constitutional law, required a declaration of war by Congress?
Arlen SpecterPatients who are being kept alive by technology and want to end their lives already have a recognized constitutional right to stop any and all medical interventions, from respirators to antibiotics. They do not need physician-assisted suicide or euthanasia.
Ezekiel EmanuelI think it's a pity that in many people's minds constitutional reform and PR have come to mean much the same thing.
Ferdinand MountIt can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.
Abe FortasI 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 MaddowThe right to vote is a consequence, not a primary cause, of a free social system - and its value depends on the constitutional structure implementing and strictly delimiting the voters' power; unlimited majority rule is an instance of the principle of tyranny.
Ayn RandIt is each American's constitutional right to marry the person they love, no matter what state they inhabit. No state should decide who can marry and who cannot. Thanks to the tireless work of so many, someday soon this discrimination will end and every American will be able to enjoy their equal right to marriage.
Brad PittBetween 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 GarrettOur whole constitutional heritage rebels at the thought of giving government the power to control men's minds.
Thurgood MarshallSome people don't mind a little constitutional sophistry in a good cause; and for liberals, centralizing all power in the federal government is always a good cause. Since most Americans don't know or care what the Constitution says, let alone what their ancestors thought it meant, the great liberal snow job has been very successful.
Joseph SobranI've always been a big supporter of the Constitutional right of the people to peaceably assemble and petition government for redress of grievances. It's just that I never envisioned it taking the form of thousands of people screaming 'you asshole!' at me.
Lowell P. Weicker, Jr.I was a constitutional law professor, which means unlike the current president I actually respect the Constitution.
Barack ObamaPresident Obama's decision to bypass the constitutional advice and consent of the Senate is not an isolated incident.
Chuck GrassleyAt the constitutional level, what we of course have assured is that women have the ability to make these reproductive decisions up to the point of viability.
Barack ObamaThis country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or exercise their revolutionary right to overthrow it.
Abraham LincolnI didn't say 'former president,' I said 'president,' and I have the constitutional rights according to the constitution, including immunity from prosecution.
Saddam HusseinThe only constitutional exception to the power of making treaties is, that it shall not change the Constitution.โฆ On natural principles, a treaty, which should manifestly betray or sacrifice primary interests of the state, would be null.
Alexander HamiltonDictatorship played a decisive role in the North's successful effort to maintain the Union by force of arms...one man was the government of the United States...Lincoln was a great dictator....This great constitutional dictator was self appointed.
Clinton RossiterThe 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 WickerIt is unclear how disarming law-abiding citizens would better protect them from the dangers and threats posed by those who would flout the law. It is at just such times that the constitutional right to self-defense is most precious and must be protected from government overreach.
Rick ScottAll respect for the office of the presidency aside, I assumed that the obvious and unadulterated decline of freedom and constitutional sovereignty, not to mention the efforts to curb the power of judicial review, spoke for itself.
Ruth Bader GinsburgIt's one thing to maintain that upper-income earners should pay higher tax rates because they are better able to shoulder the burden for essential government services. But it's constitutional blasphemy to claim that the tax code should be used as a weapon against the wealthy and that the state should be the tyrannical arbiter of how income is distributed.
David LimbaughTo avoid the necessity of a permanent debt and its inevitable consequences, I have advocated and endeavored to carry into effect the policy of confining the appropriations for the public service to such objects only as are clearly with the constitutional authority of the Federal Government.
Martin Van BurenA vice sanctioned by the general opinion is merely a vice. The evil terminates in itself. A vice condemned by the general opinion produces a pernicious effect on the whole character. The former is a local malady; the latter, constitutional taint. When the reputation of the offender is lost, he too often flings the remainder of his virtue after it in despair.
Thomas B. MacaulayNewspapers, magazines and other publications have the constitutional right to be offensive, even disgusting. As evidence of that, just watch this space regularly.
Mike RoykoOpportunity expands when there is excellence and choice in education, when taxes are lowered, when every citizen has affordable, portable health insurance and when constitutional freedoms are preserved.
Mitt Romney'This is how democracy works,' Barack Obama lectured the country before giving everyone the specifics of his expansive one-man executive overreach on immigration. If you enjoy platitudinous straw men but are turned off by open debate and constitutional order, this speech was for you.
David HarsanyiThere are a lot of things that I really question - the legality of the drone strikes, these NSA revelations. Jimmy Carter came out and said we donโt live in a democracy. Thatโs a little intense when an ex-president says that. So you know, heโs got some explaining to do, particularly for a constitutional law professor.
Matt Damon[O]ur sages in the great [constitutional] convention... intended our government should be a republic which differs more widely from a democracy than a democracy from a despotism. The rigours of a despotism often... oppress only a few, but it is the very essence and nature of a democracy, for a faction claiming to oppress a minority, and that minority the chief owners of the property and truest lovers of their country.
Fisher AmesI think the court will determine that the Faith-Based Initiative that the White House has instituted in the last five years is constitutional, in the context of allowing for broad-based programs to include religious providers.
Jay SekulowI 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. White[T]he great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachment of the others.
James MadisonThe greater the importance to safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve the constitutional rights of free speech, free press and free assembly in order to maintain the opportunity for free political discussion.
Charles Evans HughesThe veto is a President's Constitutional right, given to him by the drafters of the Constitution because they wanted it as a checkagainst irresponsible Congressional action. The veto forces Congress to take another look at legislation that has been passed. I think this is a responsible tool for a president of the United States, and I have sought to use it responsibly.
Gerald R. FordToday the path of total dictatorship in the United States can be laid by strictly legal means, unseen and unheard by the Congress, the President, or the people. Outwardly we have a Constitutional government. We have operating within our government and political system, another body representing another form of government - a bureaucratic elite.
William E. Jenner