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“The constitution of madness as a mental illness, at the end of the eighteenth century, affords the evidence of a broken dialogue, posits the separation as already effected, and thrusts into oblivion all those stammered, imperfect words without fixed syntax in which the exchange between madness and reason was made. The language of psychiatry, which is a monologue of reason about madness, has been established only on the basis of such a silence.”

“We current Justices read the Constitution in the only way that we can: as Twentieth Century Americans. We look to the history of the time of framing and to the intervening history of interpretation. But the ultimate question must be, what do the words of the text mean in our time. For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs.”

“Under the constitution, there was never meant to be a federal police force. Even an FBI limited only to investigations was not accepted until this century. Yet today, fueled by the federal government's misdirected war on drugs, radical environmentalism, and the aggressive behavior of the nanny state, we have witnessed the massive buildup of a virtual army of armed regulators prowling the States where they have no legal authority. The sacrifice of individual responsibility and the concept of local government by the majority of American citizens has permitted the army of bureaucrats to thrive.”

“The absence of utopianism in the Constitution, law, and traditional political culture has been ... important in limiting expectations concerning what can be achieved by politics. The history of the last two centuries confirms what the framers of the Constitution understood: that the perfect is the enemy of the good, and the search for unalloyed virtue in public life leads to unalloyed terror.”

“It was during the eighteenth century - a period of boastful satisfaction with the nice balances within the English constitution - that Englishmen came to accept the Whig view of the utility of an armed citizenry. The armed citizen was not only affirmed to be protecting himself but, together with his fellows, provided the ultimate check on tyranny.”

“If the Christian religion, as I understand it, or as you understand it, should maintain its ground, as I believe it will, yet Platonic, Pythagoric, Hindoo, and cabalistical Christianity, which is Catholic Christianity, and which has prevailed for 1500 years, has received a mortal wound, of which the monster must finally die. Yet so strong is his constitution, that he may endure for centuries before he expires.”

“Some men look at Constitutions with sanctimonious reverence, and deem them, like the ark of the covenant, too sacred to be touched. They ascribe to the men of the preceding age a wisdom more than human, and suppose what they did to be beyond amendment. I knew that age well; I belonged to and labored with it. It deserved well of its country. It was very like the present, but without the experience of the present; and forty years of experience in Government is worth a century of book-reading; and this they would say themselves, were they to rise from the dead.”

“In the same period that the Americans have lived under one constitution our French friends notched up five. A Punch cartoon has a 19th century Englishman asking a librarian for a copy of the French constitution, only to be told: 'I am sorry Sir, we do not stock periodicals.'”

“The Constitution has to be interpreted loosely, otherwise it becomes a straitjacket. You can't interpret it literally. You can pretend to, and go digging around in 18th Century dictionaries to figure out what 'cruel and unusual punishment' meant or what the 'right to bear arms' meant, but that is all fake really. The Constitution has to be interpreted in light of modern needs, and that's what they (the strict interpreters) end up doing in spite of all their investigations.”