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Constitutional Law Quotes

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Constitutional Law Quotes

“The bad parts of the statute are not judicially severable, I consider, from the rest of its provisions that deal with imprisonment. Their roots are entangled too tenaciously in the surrounding soil for a clean extraction to be feasible. The conclusion to which I accordingly come is that we are left with no option but to declare those provisions as a whole to be constitutionally invalid on account of their objectionable overbreadth.”

“A coherent vision of blanket state sovereign immunity virtually compels the results in Hans [v. Louisiana, 134 U.S. 1 (1890)] and Ex parte New York [256 U.S. 490 (1921)]; if noncitizen suits are barred in law and equity, there is simply no good reason not to extend sovereign immunity to citizen and admiralty suits. The problem, of course, is that the results in Hans and Ex parte New York contradict the unambiguous limitations of the Eleventh Amendment's text—a contradiction that suggests the clear error of the Supreme Court's first interpretive premise that the Amendment is in fact concerned with sovereign immunity. If coherence of general sovereign immunity doctrine is achieved only by mangling the Amendment's text, the obvious lesson should be that the Amendment was not designed to embody any such doctrine.”

“Look it over some time. 'T is fine spoort if ye don't care f r checkers. Some say it laves th' flag up in th' air an' some say that's where it laves th' constitution. Annyhow, something'» in th' air. But there's wan thing I 'm sure about." " What's that ?" asked Mr. Hennessy. " That is," said Mr. Dooley, " no matther whether th' constitution follows th' flag or not, th' supreme coort follows th' iliction returns.”

“at the time of the adoption of the Constitution, and of the [First] Amendment...the general, if not the universal, sentiment in America was, that Christianity ought to receive encouragement from the State so far as was not incompatible with the private rights of conscience and the freedom of religious worship. Any attempt to level all religions, and to make it a matter of state policy to hold all in utter indifference, would have created universal disapprobation, if not universal indignation.”

“Every constitution, then, every law naturally expires at the end of 19 years...If it be enforced longer, it is an act of force and not of right... The people cannot assemble themselves; their representation is unequal and vicious. Various checks are opposed to every legislative proposition. Factions get possession of public councils. Bribery corrupts them. Personal interests lead them astray from the general interests of their constituents; and other impediments arise so as to prove to every practical man that a law of limited duration is much more manageable than one that needs repeal...”

“Furthermore, the managerial ethos of parliamentary reformism is in direct tension with important values associated with the dialogue that attends our system of checks and balances. The term "parliamentary reform" should not be allowed to cloud the fact that the critics advance a highly pro-executive position that would seek a strong government primarily by undercutting the independence of Congress.”

“William Roper: “So, now you give the Devil the benefit of law!” Sir Thomas More: “Yes! What would you do? Cut a great road through the law to get after the Devil?” William Roper: “Yes, I'd cut down every law in England to do that!” Sir Thomas More: “Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!”

“The difference between the past and the present is that individual freedom and security no longer fall to be protected solely through the D vehicle of common-law maxims and presumptions which may be altered or repealed by statute, but are now protected by entrenched constitutional provisions which neither the Legislature nor the Executive may abridge. It would accordingly be improper for us to hold constitutional a system which, as Sachs J has noted, confers on creditors the power to consign the person of an impecunious debtor to prison at will and without the interposition at the crucial time of a judicial officer.”

“Progressives did not like the antiquated thinking that saw the Constitution as a barrier to government expansion. The "living Constitution" was born. That benign-sounding phrase (coined later) was conjured up to justify changing the Constitution, without formal amendment, from a limit on power to a blank check. What was impermissible to the federal government by an earlier interpretation became permissible once the Constitution was construed as a evolving document. But by that philosophy, the Constitution is no limit on government power at all. A constitutional government that defines its own powers is a contradiction in terms.”

“We have rule of lawyers, not rule of law. The legal profession has a monopoly over one branch of government as it was never intended to. The American Bar Association owns an entire branch of our government. We should not be surprised that we are the most litigious society in the world. It is big business with a stranglehold on one of the three branches of government.”

“The fundamental idea is that through the separation of powers and checks and balances, different voices—those of the President, the Senate, and the House of Representatives—can be expected to contribute to public debate about the ends and means of national policy. The notions are familiar: the President speaks as the nationally elected voice of the people generally; the Senate represents the states; and the House represents particular constituencies that often have highly local concerns. More generally, the President speaks for the nation, and members of Congress—while being concerned with matters of national import—speak especially for different constituent parts of the nation. This constitutional structure guarantees that diverse perspectives will contribute to dialogue about public policy.”

“In turning now to the principle of dialogue underlying the Constitution's structure, it is important first to note a basic distinction. The Constitution's structural theory rests on two closely related but nevertheless separate principles: separation of powers and checks and balances. The first principle requires that the branches of government be identifiably discrete. The second assumes that the branches are separate and then concentrates on promoting the checking of each by the others. The task of separation summons forth a "formalist" analysis; it requires formal definitions of some sort to provide the baseline for analysis. The task of checking and balancing is most closely associated with a "functionalist" approach; it requires an awareness of the need to balance the roles and functions of different institutions in determining their appropriate relations.”

“The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.... There should be, therefore, great resistance to ... redefining the category of rights deemed to be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority to govern the country without express constitutional authority.”

“Way down deep the American people are afraid of an entangling relationship between formal religions - or whole bodies of religious belief - and government. Apart from constitutional law and religious doctrine, there is a sense that tells us it's wrong to presume to speak for God or to claim God's sanction of our particular legislation and his rejection of all other positions. Most of us are offended when we see religion being trivialized by its appearance in political throw-away pamphlets.”

“Obama wouldn't have been voted president if he weren't black. Somebody asked me over the weekend why does somebody earn a lot of money have a lot of money, because she's black. It was Oprah. No, it can't be. Yes, it is. There's a lot of guilt out there, show we're not racists, we'll make this person wealthy and big and famous and so forth.... If Obama weren't black he'd be a tour guide in Honolulu or he'd be teaching Saul Alinsky constitutional law or lecturing on it in Chicago.”

“Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty, or give me death!”

“It is the duty of all Nations to acknowledge the providence of Almighty God,. to obey his will, to be grateful for his benefits , and humbly to implore his protection and favor... beseech Him to pardon our national and other transgressions; to enable us all, whether in public or private stations, to perform our several and relative duties properly and punctually to render our National Government a blessing to all the people by constantly being a Government of wise, just, and constitutional laws, discreetly and faithfully executed and obeyed”

“Much of the Constitution is remarkably simple and straightforward - certainly as compared to the convoluted reasoning of judges and law professors discussing what is called 'Constitutional law,' much of which has no basis in that document....The real question [for judicial nominees] is whether that nominee will follow the law or succumb to the lure of 'a living constitution,' 'evolving standards' and other lofty words meaning judicial power to reshape the law to suit their own personal preferences.”

“If 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. If this spirit shall ever be so far debased as to tolerate a law not obligatory on the Legislature as well as on the people, the people will be prepared to tolerate anything but liberty.”

“The Supreme Court of the United States of America will never under any circumstances allow anyone to be stripped of their citizenship because they burned the American flag. And if you don't believe that, you haven't been reading constitutional law for the past seventy years.”

“It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood.”

“I was taught to read by my grandmother. Central to her method was a tale of unnatural love called 'The Duck and the Kangaroo'. Then, because my grandfather, Senator Gore, was blind, I was required early on to read grown-up books to him, mostly constitutional law and, of course, the Congressional Record. The later continence of my style is a miracle, considering those years of piping the additional remarks of Mr. Borah of Idaho.”

“Nothing whatever but the constitutional law, the political structure, of these United States protects any American from arbitrary seizure of his property and his person, from the Gestapo and the Storm Troops, from the concentration camp, the torture chamber, the revolver at the back of his neck in a cellar.”

“There has been no clearer principle of English or American constitutional law than that, in criminal cases, it is not only the power and duty of juries to judge what are the facts, what is the law, and what is the moral intent of the accused; but that it is also their power, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and find all persons guiltless in violating, or resisting the execution of, such laws.”

“If it were to be asked, What is the most sacred duty and the greatest source of our security in a Republic? The answer would be, An inviolable respect for the Constitution and Laws - the first growing out of the last . . . . A sacred respect for the constitutional law is the vital principle, the sustaining energy of a free government.”

“The particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.”

“We'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.”