In enacting the Fifth Amendment's Due Process Clause, the Framers similarly chose to employ the 'life, liberty, or property' formulation, though they otherwise deviated substantially from the States' use of Magna Carta's language in the Clause. When read in light of the history of that formulation, it is hard to see how the 'liberty' protected by the Clause could be interpreted to include anything broader than freedom from physical restraint. That was the consistent usage of the time when 'liberty' was paired with 'life' and 'property'. And that usage avoids rendering superfluous those protections for 'life' and 'property'. If the Fifth Amendment uses 'liberty' in this narrow sense, then the Fourteenth Amendment likely does as well.
Clarence ThomasRelated topics
amendment anything chose clause consistent due employ enacting fifth formulation fourteenth freedom hard history include language liberty life light likely narrow physical process property read rendering restraint see sense time usage use well framers states usesRelated quotes
If, therefore, you've already considered that Signac and the others who are doing pointillism often make very beautiful things with it - Instead of running those things down, one [Bernhard] should respect them and speak of them sympathetically, especially when there's a falling out. Otherwise one becomes a narrow sectarian oneself, and the equivalent of those who think nothing of others and believe themselves to be the only righteous ones. This extends even to the academic painters, because take, for example, a painting by Fantin-Latour - and above all his entire oeuvre. Well then - there's someone who hasn't rebelled, and does that prevent him, that indefinable calm and righteousness that he has, from being one of the most independent characters in existence?
Vincent van Gogh
When men take it in their heads to-day, to hang gamblers, or burn murderers, they should recollect, that, in the confusion usually attending such transactions, they will be as likely to hang or burn some one who is neither a gambler nor a murderer as one who is; and that, acting upon the example they set, the mob of to-morrow, may, and probably will, hang or burn some of them by the very same mistake. And not only so; the innocent, those who have ever set their faces against violations of law in every shape, alike with the guilty, fall victims to the ravages of mob law; and thus it goes on, step by step, till all the walls erected for the defense of the persons and property of individuals, are trodden down, and disregarded.
Abraham Lincoln
Democratic and aristocratic states are not in their own nature free. Political liberty is to be found only in moderate governments; and even in these it is not always found. It is there only when there is no abuse of power. But constant experience shows us that every man who has power is inclined to abuse it; he goes until he finds limits. Is it not strange, though true, to say that virtue itself has need of limits?.
To prevent this abuse, it is necessary that, by the arrangement of things, power shall stop power. A government may be so constituted, as no man shall be compelled to do things to which the law does not oblige him, nor forced to abstain from things which the law permits.
Montesquieu
Woman was an idol of belly-magic. She seemed to swell and give birth by her own law. From the beginning of time, woman has seemed an uncanny being. Man honored but feared her. She was the black maw that had spat him forth and would devour him anew. Men, bonding together, invented culture as a defense against female nature. Sky-cult was the most sophisticated step in this process, for its switch of the creative locus from earth to sky is a shift from belly-magic to head-magic. And from this defensive head-magic has come the spectacular glory of male civilization, which has lifted woman with it. The very language and logic modern woman uses to assail patriarchal culture were the invention of men.
Camille Paglia
I rise, Mr. President, for the purpose of announcing to the Senate that I have satisfactory evidence that the State of Mississippi, by a solemn ordinance of her people in convention assembled, has declared her separation from the United States. Under these circumstances, of course, my functions are terminated here. It has seemed to me proper, however, that I should appear in the Senate to announce that fact to my associates, and I will say but very little more. The occasion does not invite me to go into argument, and my physical condition would not permit me to do so if it were otherwise; and yet it seems to become me to say something on the part of the state I here represent, on an occasion so solemn as this.
Jefferson Davis
