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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 MadisonIt 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 Rehnquist[James] Madison pointed out in the discussion of the constitutional debates - the constitutional convention - that democracy would be a danger. He used England of course as the model and said suppose that in England everyone had the free right to vote; the poor, the propertyless - who are the great majority - would use their voting power to take away the rights of property owners to carry out what we would call land reform.
Noam ChomskyParticularly 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. JacksonThe 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. RowanNow I realize it's fashionable in some circles to believe that no one in government should encourage others to read the Bible. That we're told we'll violate the constitutional separation of church and state established by the Founding Fathers and the First Amendment. The First Amendment was not written to protect people and their laws from religious values. It was written to protect those values from government tyranny.
Ronald ReaganThe United States cannot and should not discriminate on the basis of religion. The free exercise of religion is at the very heart of our constitutional guarantee for all persons of this country.
Mike PenceI see no constitutional problems with the identification, staving off and defusing of outside threats.
Thomas de MaiziereThe 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 RandLet it never be forgotten that it is not by means of war that states are rendered fit for the enjoyment of constitutional freedom; on the contrary, whilst terror and bloodshed reign in the land, involving men's minds in the extremities of hopes and fears, there can be no process of thought, no education going on, by which alone can a people be prepared for the enjoyment of rational liberty.
Richard CobdenBy 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 ThurmondI 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 DreisbachI'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.There have been 44 constitutional referenda in Australia and only eight have succeeded.
George BrandisI 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. KennedyI am not sure that I know enough about the pre-history of 9/11 to agree or disagree. But I did think at the time that the [George W.] Bush administration took a number of cues from the Israeli government, not only by drawing on and intensifying anti-Arab racism, but by insisting that the attack on US government and financial buildings was an attack on "democracy" and by invoking "security at all costs" to wage war without a clear focus (why the Taliban?), and by suspending both constitutional rights and the regular protocol for congressional approval for declaring war.
Judith ButlerI 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 YoungCivil 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 WickerAll 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 GinsburgOur task is nothing less than the creation of a new constitutional order for a new united Europe.
Peter HainI'm not versed enough in constitutional law to run for office. I'd have to go back to school or something.
Zach GalifianakisIf 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. DouglasEverybody complains about pork, but members of Congress keep spending because voters do not throw them out of office for doing so. The rotten system in Congress will change only when the American people change their beliefs about the proper role of government in our society. Too many members of Congress believe they can solve all economic problems, cure all social ills, and bring about worldwide peace and prosperity simply by creating new federal programs. We must reject unlimited government and reassert the constitutional rule of law if we hope to halt the spending orgy.
Ron PaulConsequences flow from a justice's interpretation in a direct and immediate way. A judicial decision respecting the incompatibility of Jim Crow with a constitutional guarantee of equality is not simply a contemplative exercise in defining the shape of a just society. It is an order
William J. BrennanClearly 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 SandersOf course same sex marriage is constitutional! The right to be yourself, to pursue life, liberty, and property, is protected several ways over several amendments. John Boehner should know this.
Henry RollinsIf it be asked what is to restrain the House of Representatives from making legal discriminations in favor of themselves and a particular class of the society? I answer, the genius of the whole system, the nature of just and constitutional laws, and above all the vigilant and manly spirit which actuates the people of America, a spirit which nourishes freedom, and in return is nourished by it.
James MadisonNo system of criminal justice can, or should, survive if it comes to depend for its continued effectiveness on the citizens' abdication through unawareness of their constitutional rights. No system worth preserving should have to fear that if an accused is permitted to consult with a lawyer, he will become aware of, and exercise, these rights.
Arthur GoldbergItโs unlikely to change โ thereโs nothing in King Salmanโs past as governor of Riyadh for about forty years that suggests that he was particularly a reformer, not on the role of women, not on democratic development. Thereโs been a rumor in the last couple of days that he said to someone in an e-mail that heโs in favor of a constitutional monarchy, but I would be surprised if the level of repression started to go down โฆ I think the kind of thing that we would view as significant reforms is unlikely.
Elliott AbramsThe constitutional reform is supposed to give autonomy to eastern Ukraine and to be adopted by the end of 2015. This has not happened, and the year is over. That's not Russia's fault.
Vladimir PutinIf 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 YewIf there's a distinct group of Americans who harbor open contempt for constitutional principles and rule of law, it's lawyers, judges and members of Congress.
Walter E. WilliamsGiven currency by Jrgen Habermas in the late l980s, 'constitutional patriotism' has emerged as an appealing principle for post-national political allegiance. Jan-Werner Mller traces the long postwar history of the concept, takes honest account of the conservative critiques it has provoked, but proposes that it can serve as a robust norm for European Union citizenship. This is a profound meditation with real importance for contemporary political society.
Charles S. MaierThere is no question that under the Equal Rights Amendment there will be debates at times, indecision at times, litigation at times. Has anyone proposed that we rescind the First Amendment on free speech because there is too much litigation over it? Has anyone suggested the same for the Fourteenth Amendment I don't suppose there has ever been a constitutional amendment with so much litigation?
Frances FarentholdI must say this concerning the great controversy over rifles and shotguns. The only thing I've ever said is that in areas where the government has proven itself either unwilling or unable to defend the lives and the property of Negroes, it's time for Negroes to defend themselves. Article number two of the constitutional amendments provides you and me the right to own a rifle or a shotgun. It is constitutionally legal to own a shotgun or a rifle.
Malcolm XThe real fabric of American society is not all those flags you see on people's cars...it's in the Bill of Rights and in our constitutional form of government.
John AdamsThe strength of the Constitution lies entirely in the determination of each citizen to defend it. Only if every single citizen feels duty bound to do his share in this defense are the constitutional rights secure.
Albert EinsteinThe war for our Union, with all the constitutional issues which it settled, and all the military lessons which it gathered in, has throughout its dilatory length but one meaning in the eyes of history. It freed the country from the social plague which until then had made political development impossible in the United States. More and more, as the years pass, does the meaning stand forth as the sole meaning.
William JamesJustice William Brennan stated that the phrase 'under God' in our Pledge of Allegiance is constitutional because it no longer has a religious purpose or meaning.
Mathew StaverMy parents were true believers in the efficacy of American constitutional democracy, and I was thoroughly inculcated with reverence for what we the people are capable of doing. The complication in that simple narrative is that as I got older, the Vietnam War shook my confidence in how our democracy was working. I ended up serving in that war, but it started with a lie, and I was very proud of my father for being one of its earliest opponents.
Al GoreWe must always embrace individual liberty and enforce the constitutional rights of all Americans-rich and poor, immigrant and native, black and white.
Rand PaulThe case for freedom, the case for our constitutional principles the case for our heritage has to be made anew in each generation. The work of freedom is never done.
Anthony Kennedy