Constitutional Quotes - page 12
There is no Constitutional issue here. The command of the Constitution is plain. There is no moral issue. It is wrong-deadly wrong– to deny any of your fellow Americans the right to vote in this country. There is no issue of States' rights or National rights. There is only the struggle for human rights.
Lyndon B. Johnson
In helping the arms industry to work with the Pentagon to work with the security agencies to work with the oil industry to work with the environmental agencies and so on, he encourages nationwide stability. If successful he will have indirectly eliminated interference from that rival system - citizen-based democracy - which technically maintains legal control over the constitutional structures of the Republic.
John Ralston Saul
Does Madison's belief that separation of powers is necessary to prevent tyranny necessarily require a presidential system or even judicial review? As I pointed out, this reading makes Madison silly, or at least a casualty of historical developments, since almost all other democratic countries have rejected the first and some the second. Of course, like all others of his time Madison had to make judgments about constitutional arrangements with very little directly relevant historical experience to go on. Hindsight gives us the advantage of nearly two centuries of later experience, during which most of the stable democracies adopted a parliamentary system, only a few chose a presidential system, and none adopted the American presidential system.
Robert A. Dahl
To what extent do the views of Madison justify the specific constitutional arrangements that came out of the Convention together with the political practices and doctrine that followed? I am now inclined to think that the connection was much looser than l indicated in my chapter on Madisonian Democracy.
Robert A. Dahl
As we did before in 1994, I feel we have a capacity to do so again. We succeeded in resolving our problems by peaceful means when everybody expected war and violence... We have one of the best constitutions in the world. We should be proud of this constitution, which provides the framework for a functioning multiparty democracy, independent courts and other institutions that stand for [the] advancement of human rights... He said the country had already held three elections and that two presidents had relinquished their power through constitutional means. Although former president Thabo Mbeki had left under difficult conditions, even that had been done constitutionally... These are all signs of growing constitutional maturity. Our democracy is growing up and there are open debates which will take us to robust contestations.
F. W. de Klerk
History teaches us that the capacity of things to get worse is limitless. Roman history suggests that the short, happy life of the American republic may be coming to its end... the US will probably maintain a facade of constitutional government and drift along until financial bankruptcy overtakes it.
Chalmers Johnson
The Enabling Law permitted the government to pass budgets and promulgate laws, including those altering the constitution, for four years without parliamentary approval. In democracies, constitutional amendments are especially solemn moments; here they were easier than changing the traffic regulations. None of the guarantees Hitler extended to the Churches or the judiciary in his address to the Reichstag amounted to a hill of beans.
Michael Burleigh
I ruled out any discussions on the subject [on the constitutional issue of raising any issue on the exchange of letters between Prime Minister and the President, in the Parliament], upholding the principle of confidentiality of communication between the President and the Prime Minister ...a significant constitutional precedent.
R. Venkataraman
It took three attempts in Germany to enable a coup d'état of nationalist forces to achieve such success that it could be given the character of an irresistible mass movement, a national revolution. All three attempts used the same tactics of ‘grafting revolutionary violence on constitutional legality.
Hermann Rauschning
The rise of the modern corporation has brought a concentration of economic power which can compete on equal terms with the modern state - economic power versus political power, each strong in its own field. The state seeks in some aspects to regulate the corporation, while the corporation, steadily becoming more powerful, makes every effort to avoid such regulation... The future may see the economic organism, now typified by the corporation, not only on an equal plane with the state, but possibly even superseding it as the dominant form of social organization. The law of corporations, accordingly, might well be considered as a potential constitutional law for the new economic state, while business practice is increasingly assuming the aspect of economic statesmanship.
Adolf A. Berle
This overweening addiction to the courtroom as the place to debate social policy is bad for the country and bad for the judiciary. In the legislative arena, especially when the country is closely divided, compromises tend to be the rule the day. But when judges rule this or that policy unconstitutional, there's little room for compromise: One side must win, the other must lose. In constitutional litigation, too, experiments and pilot programs - real-world laboratories in which ideas can be assessed on the results they produce - are not possible. Ideas are tested only in the abstract world of legal briefs and lawyers arguments. As a society, we lose the benefit of the give-and-take of the political process and the flexibility of social experimentation that only the elected branches can provide.
Neil Gorsuch
In his 1975 book, The Limits of Liberty, Buchanan returned to the study of constitutions, but now approached them with a somewhat more cynical (realistic?) Hobbesian perspective. His later books with Geoffrey Brennan (1980,1985) also emphasized the importance of constitutional rules as constraints on the selfish pursuits of individual actors, and as means for controlling that public sector beast-Leviathan. This concern with constitutional decision making and constitutional rules can be regarded as one of the salient characteristics of James Buchanan's research throughout his career.
Dennis Mueller
When looking at the two streams of research these men produced, it is tempting to characterize Buchanan as a somewhat romantic optimist holding the belief that the pursuits of selfish individuals can be channeled for the common good, if the right set of constitutional constraints are adopted, and believing that individuals are capable of designing constitutions that achieve this goal. Thus, some 35 years after the publication of The Calculus, we find Buchanan, in joint work with Roger Congleton (1998), accepting the fact that legislatures always will adopt the simple majority rule, and trying to design constitutional constraints that will lead to outcomes benefiting all members of the community under that rule.
Dennis Mueller
Both of these alternatives would have the disadvantage of depriving Congress of responsible military advice needed to discharge its constitutional responsibilities toward the armed forces. Each year the matters of national security are becoming increasingly complicated and technical, yet the members of Congress must legislate wisely with respect to them. To whom can they turn other than to the Chiefs of Staff, who are responsible for our national defense? To deprive them of access to the views of the Chiefs of Staff would inevitably force them to seek irresponsible sources of advice, to the probable detriment of their legislative actions.
Maxwell D. Taylor
