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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 BlackIf 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.
AristotleOur federal government, which was intended to operate as a very limited constitutional republic, has instead become a virtually socialist leviathan that redistributes trillions of dollars. We can hardly be surprised when countless special interests fight for the money. The only true solution to the campaign money problem is a return to a proper constitutional government that does not control the economy. Big government and big campaign money go hand-in-hand.
Ron PaulThe layman's constitutional view is that what he likes is constitutional and that which he doesn't like is unconstitutional.
Hugo Black...[W]e insist on the principle that no danger or crisis, foreign or domestic, will be solved by Americans surrendering more of their constitutional liberties, in the foolish hope that a bigger government will provide greater security.
Larry P. ArnnThe Constitution says the President shall nominate, not maybe he could, maybe he can't, he shall nominate. Implicit in the Constitution is that the Senate will act on its constitutional responsibility and give its advice and consent. No one is required to vote for the nominee.
Joe BidenAs a citizen and someone who was a judge on the constitutional law court for 18 years, I feel whenever I can raise my voice with the hope of being heard I need to do it, but I wouldn't assign a special wisdom and responsibility to writers.
Bernhard SchlinkI think that it is not right to deny a constitutional right based on simple, derogatory information that's been reported but not investigated. By contrast, to get on the No Fly List or the Selectee list, there has to be credible evidence that the individual is either involved in a terrorist plot, has terrorist associates or is providing material support to terrorists.
Susan CollinsWe are on the precipice of a crisis, a Constitutional crisis. The checks and balances, which have been at the core of this Republic, are about to be evaporated by the nuclear option. The checks and balances that say if you get 51% of the vote, you don't get your way 100% of the time. It is amazing, it's almost a temper tantrum.
Charles SchumerI 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 Washington...it is not only the general principles of justice that are infringed, or at least set aside, by the exclusion of women, merely as women, from any share in the representation; that exclusion is also repugnant to the particular principles of the British Constitution. It violates one of the oldest of our constitutional maxims...that taxation and representation should be co-extensive. Do not women pay taxes?
John Stuart MillThis post of President is a Constitutional post. It is the duty of everyone, all citizens to see that they respect the post... the institution of President.
Pratibha PatilIn real life, there are right-wingers, there are anti-immigrant activists who want to overturn this constitutional right that we have to become Americans when we're born in this country. There's lots of people who believe that this has led to the phenomenon of the anchor babies. I am an anchor baby. My parents were able to receive their residency and citizenship because, I, a U.S. citizen child of theirs, was born in Los Angeles.
Hector TobarThe 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 RandThe constitutional right of free speech has been declared to be the same in peace and war. In peace, too, men may differ widely as to what loyalty to our country demands, and an intolerant majority, swayed by passion or by fear, may be prone in the future, as it has been in the past, to stamp as disloyal opinions with which it disagrees.
Louis D. Brandeis'Constitutional' is just a real pip of a word. Positively rolls off the tongue. In fact, it's downright fun to say. 'Con-stit-too-shun-al.' It's the verbal equivalent of skipping down the street with an ice cream cone in your hand. It's like a semantic bag of Lays potato chips. You simply can't just say it once.
Paul FeigOnly by obedience to his genius; only by the freest activity in the way constitutional to him, does an angel seem to arise beforea man, and lead him by the hand out of all the wards of the prison.
Ralph Waldo EmersonWe electors have an important constitutional power placed in our hands; we have a check upon two branches of the legislature.
John AdamsI expect to see the day when the Elders of Israel will protect and sustain civil and religious liberty and every Constitutional right bequeathed to us by our fathers, and spread these rights abroad in connection with the Gospel for the salvation of all nations. I shall see this whether I live or die.
Brigham YoungDictatorship 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 RossiterIt 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 ScottObviously, 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 FrumThe use of the word royalty, as fee to a proprietor for the exploitation of a work or property, derives from the period when the sovereign assumed title to all wealth of the realm. It was the struggle for freedom from these encroachments of the state that chiefly marked the Nineteenth Century, and established everywhere constitutional regimes of limited authority. In the Twentieth Century, however, we have witnessed a gradual and almost unrestricted movement back to state authoritarianism, primarily in the economic sphere, accompanied by the spread of state monopoly and intervention.
Elgin GrosecloseThe propriety of a law, in a constitutional light, must always be determined by the nature of the powers upon which it is founded.
Alexander HamiltonWhen a legislature undertakes to proscribe the exercise of a citizen's constitutional right to free speech, it acts lawlessly; and the citizen can take matters into his own hands and proceed on the basis that such a law is no law at all.
William O. Douglas... 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 Madison'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 HarsanyiWe support the constitutional right of American women to consult their own conscience, their own supportive partner, their own minister, but then make their own decision about pregnancy. That's something we trust American women to do that. And we don't think that women should be punished, as Donald Trump said they should, for making the decision to have an abortion.
Tim KaineUnder the principle of equality, we should get as close to respecting equal votes of every citizen as we can, given our constitutional structure. And I think if we did that, then the will of the people would not be overturned.
Lawrence LessigThere 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 DamonClearly we must do everything we can to protect our country from the serious potential of another terrorist attack, but we can and must do so in a way that also protects the constitutional rights of the American people and maintains our free society. We can do that without living in an Orwellian world where the government and private corporations know every telephone call that we make, every website we visit, everyplace we go.
Bernie Sanders[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 AmesAmerican citizens should not lose their constitutional rights because they lack the money to pay for them.
Bernard KerikThere is nobody that I know who believes that Bank of America is a human being who should be entitled for the same constitutional rights that the people of our country are.
Bernie SandersNearly every day on the television set the hero cop breaks into the bad guy's house and beats a confession out of him and we cheer on the cop. Propaganda smears our clear vision. It causes us to accept the diminishment of our constitutional protections as something to be lauded - after all, the cop was protecting us.
Gerry Spence[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 circumstances that endanger the safety of nations are infinite, and for this reason no constitutional shackles can wisely be imposed on the power to which the care of it is committed.
Alexander HamiltonSecession, 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 JacksonDeclarations of war have never been a constitutional requirement for military action abroad.
John YooArizona presents no specific reason for excepting capital defendants from the constitutional protections extended to defendants generally, and none is readily apparent.
Ruth Bader GinsburgThe Sovereign has, under a constitutional monarchy such as ours, three rights - the right to be consulted, the right to encourage, the right to warn. And a king of great sense and sagacity would want no others.
Walter BagehotThe 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. OaksTrump himself stands to benefit dramatically from the tax cuts. One of the things they're cutting is the alternative minimum tax. Last time we have tax returns for him was in 2005, where he paid about $31 million because of the alternative minimum tax. He won't have to pay that, if this tax bill goes through. So, not only is he reordering our constitutional democracy, he is personally enriching himself - which is not new, because, of course, he's done it ever since he swore an oath to become president of the United States.
Keith EllisonThere are two kinds of comprehensive doctrines, religious and secular. Those of religious faith will say I give a veiled argument for secularism, and the latter will say I give a veiled argument for religion. I deny both. Each side presumes the basic ideas of constitutional democracy, so my suggestion is that we can make our political arguments in terms of public reason. Then we stand on common ground. That's how we can understand each other and cooperate.
John Rawls