Constitutional Quotes - page 21
These decisions give support to a current mistaken view of the Constitution and the constitutional function of this court. This view, in short, is that every major social ill in this country can find its cure in some constitutional principle and that this court should take the lead in promoting reform when other branches of government fail to act. The Constitution is not a panacea for every blot upon the public welfare nor should this court, ordained as a judicial body, be thought of as a general haven of reform movements.
John Marshall Harlan II
This Court, limited in function in accordance with that premise, does not serve its high purpose when it exceeds its authority, even to satisfy justified impatience with the slow workings of the political process. For when, in the name of constitutional interpretation, the Court adds something to the Constitution that was deliberately excluded from it, the Court, in reality, substitutes its view of what should be so for the amending process.
John Marshall Harlan II
[A man's actions] are illegal if a woman decides [it creates a hostile environment], and if a man committed the ‘offense'... Who defines ‘hostile environment'? The woman. Not even the man's intent makes a legal difference. In all other criminal behavior, intent makes all the difference. Even in homicide. Sexual harassment legislation in its present form makes all man unequal to all women. It is in blatant violation of the Fourteenth Amendment's guarantee of equal protection without regard of sex. Thus the political will to protect only women prevails over the constitutional mandate to protect both sexes equally.
Warren Farrell
We must preserve the right of free speech and the right of free assembly. But the right of free speech does not carry with it, as has been said, the right to holler fire in a crowded theater. We must preserve the right to free assembly, but free assembly does not carry with it the right to block public thoroughfares to traffic. We do have a right to protest, and a right to march under conditions that do not infringe the constitutional rights of our neighbors.
Lyndon B. Johnson
• Amendment in the Miscellaneous Personnel Benefits Fund and the Pension and Gratuity Fund, requiring the DBM to submit, within the first quarter, to Congress the amounts allocated to the Judicial Branch, Legislative Branch, Constitutional Commissions, and the Ombudsman, and that in no case shall releases to the said offices exceed the amount submitted to Congress also for purposes of utilizing these as savings to augment the budget of these constitutional offices.
Francis Escudero
• Deletion of Special provisions under special purpose funds which allow savings from the said funds to be made available to the Executive, Legislative, and Judicial branches of the government including Constitutional offices, in compliance with the Supreme Court decision prohibiting the cross-border transfer of savings from the Executive to the other branches of government.
Francis Escudero
Unjustified war and unconstitutional abridgment of individual rights, versus ill-conceived tax and economic policies -- this is the difference between venial and mortal sins. John McCain would continue the Bush administration's commitment to interventionism and constitutional over-reach. Obama promises a humbler engagement with our allies, while promising retaliation against any enemy who dares attack us. ... Based on his embrace of centrist advisers and policies, it seems likely that Obama will turn out to be in the mold of John Kennedy, who was fond of noting that "a rising tide lifts all boats." ... Even if my hopes on domestic policy are dashed and Obama reveals himself as an unreconstructed, dyed in the wool, big government liberal, I'm still voting for him.
John McCain
The story is told of the elderly judge who, looking back over a long career, observes with satisfaction that, when I was young, I probably let stand some convictions that should have been overturned, and when I was old I probably set aside some that should have stood; so overall, justice was done. I sometimes think that is an appropriate analogy to this Court's constitutional jurisprudence, which alternately creates rights that the Constitution does not contain and denies rights that it does. Compare Roe v. Wade, 410 U.S. 113 (1973) (right to abortion does exist) with Maryland v. Craig, 497 U.S. 836 (1990) (right to be confronted with witnesses, U.S. Const., Amdt. 6, does not).
Antonin Scalia
To say that any State may at pleasure secede from the Union, is to say that the United States are not a nation because it would be a solecism to contend that any part of a nation might dissolve its connection with the other parts, to their injury or ruin, without committing any offense. Secession, like any other revolutionary act, may be morally justified by the extremity of oppression; but to call it a constitutional right, is confounding the meaning of terms, and can only be done through gross error, or to deceive those who are willing to assert a right, but would pause before they made a revolution, or incur the penalties consequent upon a failure.
Andrew Jackson
That founding principle of the party is also a founding principle of the United States. Even when we were a tiny fraction of our present size and breadth, the framers of our Constitution understood the need for holding ourselves together, whatever our differences. They created a constitutional structure and a Bill of Rights that would accommodate within one nation all manner of interests and opinions. Americans honor that principle in the national motto on the presidential seal: "e pluribus unum" - "out of many, one." Today, the United States is far more diverse than when we were a nation of 3 million people, but the principle remains the same: We are of many different backgrounds, beliefs, races and creeds, and we are one.
John Danforth
As Charles Black stated in his highly regarded work on impeachment, the two specific impeachable offenses--treason and bribery--can help identify both the 'ordinary crimes which ought also to be looked upon as impeachable offenses, and those serious misdeeds, not ordinary crimes, which ought to be looked on as impeachable offenses..." Using treason and bribery as "the miners' canaries," Professor Black states that "high crimes and misdemeanors, in the constitutional sense, ought to be held to be those offenses which are rather obviously wrong, whether or not 'criminal,' and which so seriously threaten the order of political society as to make pestilent and dangerous the continuance in power of their perpetrator."
Ted Kennedy
The impeachment process was never intended to become a weapon for a partisan majority in Congress to attack the President. To do so is a violation of the fundamental separation of powers doctrine at the heart of the Constitution. It is an invitation to future partisan majorities in future Congresses to use the impeachment power to undermine the President. It could weaken Republican and Democratic Presidents alike for years to come. This case is a constitutional travesty. We deplore the conduct of President Clinton that led to this yearlong distraction for the nation. But we should deplore even more the partisan attempt to abuse the Constitution by misusing the impeachment power.
Ted Kennedy
Senator Kennedy began his career setting a high standard when it comes to birthdays. It was when he reached the minimum constitutional age, 30, that he first came to the Senate--1 of just 16 Senators elected at such a tender age from a total of over 1,895 Senators in all of American history. By his 70th birthday he was one of just 28 Senators to ever cast over 10,000 votes. But what we celebrate along with Ted at 75--Democrats and Republicans, all in awe of a lifetime of achievement--is the way in which literally every year since he has been marking the passage of time by passing landmark legislation. The Boston Globe put it best, writing not long ago that "in actual, measurable impact on the lives of tens of millions of working families, the elderly, and the needy, Ted belongs in the same sentence with Franklin Roosevelt."
Ted Kennedy
Yet more and more of the youth of America are instinctively horrified at the way President Johnson avoided all constitutional procedures and slyly maneuvered us into an Asian war. There was no national debate over a declaration of war. The lies and half-truths that were told, and the phony excuses gradually advanced, made most Americans dubious of the integrity of our leadership.
William O. Douglas
far be it from me to say or insinuate a word of disparagement against such characters as Hampden, Elliot, Pym; whom I believe to have been right worthy and useful men. I have read diligently what books and documents about them I could come at;-with the honestest wish to admire, to love and worship them like Heroes; but I am sorry to say, if the real truth must be told, with very indifferent success! At bottom, I found that it would not do. They are very noble men, these; step along in their stately way, with their measured euphemisms, philosophies, parliamentary eloquences, Ship-moneys, Monarchies of Man; a most constitutional, unblamable, dignified set of men. But the heart remains cold before them.
Thomas Carlyle
What we have done to-day is the most historic act in our history. Never have we in the whole history of the League done anything except by constitutional methods. But now we are forced into this position. Today we bid good-bye to constitutional methods.”.... "To-day we have forged a pistol and are in a position to use it.”... "We mean every word of it. We do not believe in equivocation.
Muhammad Ali Jinnah
A division had to take place. On both sides, in Hindustan and Pakistan, there are sections of people who may not agree with it, who may not like it, but in my judgement there was no other solution and I am sure future history will record is verdict in favour of it. And what is more, it will be proved by actual experience as we go on that was the only solution of India's constitutional problem. Any idea of a united India could never have worked and in my judgement it would have led us to terrific disaster. Maybe that view is correct; maybe it is not; that remains to be seen.
Muhammad Ali Jinnah
