Constitutional Quotes - page 7
Rather, we heirs of Enlightenment think of enemies of liberal democracy like Nietzsche or Loyola as, to use Rawls's word, "mad.” We do so because there is no way to see them as fellow citizens of our constitutional democracy, people whose life plans might, given ingenuity and good will, be fitted in with those of other citizens. They are crazy because the limits of sanity are set by what we can take seriously. This, in turn, is determined by our upbringing, our historical situation.
Richard Rorty
Suppose it be granted that Mr. Cleveland is a just man, and desires to protect colored citizens in the exercise of their constitutional rights. What is he, and what is any man in the Presidential chair, without the support of his party? As against his party, he is only as a feather against a whirlwind. In the hands of his party, Mr. Cleveland is as clay in the hands of the potter.
Frederick Douglass
No tyrant or usurper can ever invade our rights so long as we are united. Let Mr. Lincoln attempt it, and his party will scatter like chaff before the storm of popular indignation which will burst forth from one end of the country to the other. Secession or revolution will not be justified until legal and constitutional means of redress have been tried, and I can not believe that the time will ever come when these will prove inadequate..
Sam Houston
Now the Disney Corporation could do this because that culture lived in a commons, an intellectual commons, a cultural commons, where people could freely take and build. It was a lawyer-free zone.
It was culture, which you didn't need the permission of someone else to take and build upon. That was the character of creativity at the birth of the last century. It was built upon a constitutional requirement that protection be for limited times, and it was originally limited. Fourteen years, if the author lived, then 28, then in 1831 it went to 42, then in 1909 it went to 56, and then magically, starting in 1962, look - no hands, the term expands.
Eleven times in the last 40 years it has been extended for existing works - not just for new works that are going to be created, but existing works. The most recent is the Sonny Bono copyright term extension act.
Lawrence Lessig
Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretense, raised in the United States. A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional; for they will possess the power, and jealousy will instantly inspire the inclination, to resist the execution of a law which appears to them unjust and oppressive.
Noah Webster
We have heard from the opposite Bench several very animated appeals to this House, and several constitutional lectures as to our duties. The noble Earl the late Foreign Secretary (the Earl of Clarendon) went so far, as I understood him, as to tell us that we must watch public opinion more closely, and pay greater attention to the majorities in the other House of Parliament. My Lords, it occurs to me to ask the noble Earl whether he has considered for what purpose this House exists, and whether he would be willing to go through the humiliation of being a mere echo and supple tool of the other House in order to secure for himself the luxury of mock legislation? I agree with my noble Friend the noble Earl (the Earl of Derby) below me that it were better not to be than submit to such a slavery.
Robert Gascoyne-Cecil, 3rd Marquess of Salisbury
Everyone knows that the State claims and exercises the monopoly of crime... It forbids private murder, but itself organizes murder on a colossal scale. It punishes private theft, but itself lays unscrupulous hands on anything it wants, weather the property of citizen or of alien. There is, for example, no human right, natural or Constitutional, that we have not seen nullified by the United States Government. Of all the crimes that are committed for gain or revenge, there is not one that we have not seen it commit-murder, mayhem, arson, robbery, fraud, criminal collusion and connivance.
Albert Jay Nock
A judge who is a 'strict constructionist' in constitutional matters will generally not be favorably inclined toward claims of either criminal defendants or civil rights plaintiffs-the latter two groups having been the principal beneficiaries of the Supreme Court's 'broad constructionist' reading of the Constitution.
William Rehnquist
According to our investigation, this emphasis on revenue generation through policing has fostered unconstitutional practices – or practices that contribute to constitutional violations – at nearly every level of Ferguson's law enforcement system. Ferguson police officers issued nearly 50 percent more citations in the last year than they did in 2010 – an increase that has not been driven, or even accompanied, by a rise in crime.
Eric Holder
Many of these constitutional violations have become routine. For instance, even though it's illegal for police officers to detain a person – even briefly – without reasonable suspicion, it's become common practice for officers in Ferguson to stop pedestrians and request identification for no reason at all. And even in cases where police encounters start off as constitutionally defensible, we found that they frequently and rapidly escalate – and end up blatantly and unnecessarily crossing the line.
Eric Holder
Money in politics is the cancer underlying all the others. The only way to heal it is thru public funding of federal campaigns plus a constitutional amendment. Til then, health insurance, big Pharma, gun manufacturers, oil & gas, food, chem & defense contractors run this country.
Marianne Williamson
The recognition of authority to impose previous restraint upon publication in order to protect the community against the circulation of charges of misconduct, and especially of official misconduct, necessarily would carry with it the admission of the authority of the censor against which the constitutional barrier was erected. The preliminary freedom, by virtue of the very reason for its existence, does not depend, as this Court has said, on proof of truth.
Charles Evans Hughes
Of course, violence is never justified. But seen in this context – amid a highly toxic environment, defined by mistrust and resentment, stoked by years of bad feelings, and spurred by illegal and misguided practices – it is not difficult to imagine how a single tragic incident set off the city of Ferguson like a powder keg. In a sense, members of the community may not have been responding only to a single isolated confrontation, but also to a pervasive, corrosive, and deeply unfortunate lack of trust – attributable to numerous constitutional violations by their law enforcement officials including First Amendment abuses, unreasonable searches and seizures, and excessive and dangerous use of force; exacerbated by severely disproportionate use of these tactics against African Americans; and driven by overriding pressure from the city to use law enforcement not as a public service, but as a tool for raising revenue.
Eric Holder
During the summer of 2012, one Ferguson police officer detained a 32-year-old African American man who had just finished playing basketball at a park. The officer approached while the man was sitting in his car and resting. The car's windows appeared to be more heavily tinted than Ferguson's code allowed, so the officer did have legitimate grounds to question him. But, with no apparent justification, the officer proceeded to accuse the man of being a pedophile. He prohibited the man from using his cell phone and ordered him out of his car for a pat-down search, even though he had no reason to suspect that the man was armed. And when the man objected – citing his constitutional rights – the police officer drew his service weapon, pointed it at the man's head, and arrested him on eight different counts. The arrest caused the man to lose his job.
Eric Holder
The statute in question cannot be justified by reason of the fact that the publisher is permitted to show, before injunction issues, that the matter published is true and is published with good motives and for justifiable ends. If such a statute, authorizing suppression and injunction on such a basis, is constitutionally valid, it would be equally permissible for the legislature to provide that at any time the publisher of any newspaper could be brought before a court, or even an administrative officer (as the constitutional protection may not be regarded as resting on mere procedural details) and required to produce proof of the truth of his publication, or of what he intended to publish, and of his motives, or stand enjoined. If this can be done, the legislature may provide machinery for determining in the complete exercise of its discretion what are justifiable ends, and restrain publication accordingly. And it would be but a step to a complete system of censorship.
Charles Evans Hughes
It is in the nature of a teenager to want to destroy. The destructive impulse is universal among children of all ages, rises to a peak of vividness, ingenuity and fascination in adolescence, and thereafter never entirely goes away. Violence and hatred, and the fear of our own inability to control them in ourselves, are a fundamental part of our birthright, along with altruism, creativity, tenderness, pity and love. It therefore requires an immense act of hypocrisy to stigmatize our young adults and teenagers as agents of deviance and disorder. It requires a policy of dishonesty about and blindness to our own histories, as a species, as a nation, and as individuals who were troubled as teenagers, and who will always be troubled, by the same dark impulses. It also requires that favorite tool of the hypocritical, dishonest and fearful: the suppression of constitutional rights.
Michael Chabon
