Clause Quotes
With this recitation of paraphernalia and detritus, O'Brien manages to encapsulate the experience of an army and of a particular war, of a mined and booby-trapped landscape, of cold nights and hot days, of soaking monsoons and rice paddies, and of the possibility of being shot, like Ted Lavender, suddenly and out of nowhere: not only in the middle of a sentence but in the midst of a subordinate clause.
Francine Prose
People tell me if I don't eat vegetables, I'm going to get scurvy. Well, what the hell. But I was never overweight as a player. There was a clause in my contract that said I had to weigh in at 270 every Friday morning. I always made it. I'd have dinner on Monday, and then I wouldn't eat until Friday.
Art Donovan
The majority's decision today will require States to issue marriage licenses to same-sex couples and to recognize same-sex marriages entered in other States largely based on a constitutional provision guaranteeing 'due process' before a person is deprived of his 'life, liberty, or property'. I have elsewhere explained the dangerous fiction of treating the Due Process Clause as a font of substantive rights. It distorts the constitutional text, which guarantees only whatever 'process' is 'due' before a person is deprived of life, liberty, and property. Worse, it invites judges to do exactly what the majority has done here.
Clarence Thomas
Even if the doctrine of substantive due process were somehow defensible, it is not, petitioners still would not have a claim. To invoke the protection of the Due Process Clause at all, whether under a theory of 'substantive' or 'procedural' due process, a party must first identify a deprivation of 'life, liberty, or property'. The majority claims these state laws deprive petitioners of 'liberty', but the concept of 'liberty' it conjures up bears no resemblance to any plausible meaning of that word as it is used in the Due Process Clauses.
Clarence Thomas
[The Texas anti-sodomy statute] undoubtedly imposes constraints on liberty. So do laws prohibiting prostitution, recreational use of heroin, and, for that matter, working more than 60 hours per week in a bakery. But there is no right to 'liberty' under the Due Process Clause, though today's opinion repeatedly makes that claim. . . . The Fourteenth Amendment expressly allows States to deprive their citizens of 'liberty,' so long as 'due process of law' is provided. . . .
Antonin Scalia
I find it a sufficient embarrassment that our Establishment Clause jurisprudence regarding holiday displays has come to 'require[e] scrutiny more commonly associated with interior decorators than with the judiciary'. But interior decorating is a rock hard science compared to psychology practiced by amateurs.
Antonin Scalia
One can conclude that certain essential, or fundamental, rights should exist in any just society. It does not follow that each of those essential rights is one that we as judges can enforce under the written Constitution. The Due Process Clause is not a guarantee of every right that should inhere in an ideal system. Many argue that a just society grants a right to engage in homosexual conduct. If that view is accepted, the Bowers decision in effect says the State of Georgia has the right to make a wrong decision - wrong in the sense that it violates some people's views of rights in a just society. We can extend that slightly to say that Georgia's right to be wrong in matters not specifically controlled by the Constitution is a necessary component of its own political processes. Its citizens have the political liberty to direct the governmental process to make decisions that might be wrong in the ideal sense, subject to correction in the ordinary political process.
Anthony Kennedy
Several decisions of this Court make clear that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment.... That right necessarily includes the right of a woman to decide whether or not to terminate her pregnancy.
Potter Stewart
A license cannot be revoked because a man is red-headed or because he was divorced, except for a calling, if such there be, for which red-headedness or an unbroken marriage may have some rational bearing. If a State licensing agency lays bare its arbitrary action, or if the State law explicitly allows it to act arbitrarily, that is precisely the kind of State action which the Due Process Clause forbids.
Felix Frankfurter
Chris Wallace: You talk a lot about the Constitution. You say Social Security, Medicare, Medicaid are all unconstitutional.
Ron Paul: Technically, they are. ... There's no authority [in the Constitution]. Article I, Section 8 doesn't say I can set up an insurance program for people. What part of the Constitution are you getting it from? The liberals are the ones who use this General Welfare Clause. ... That is such an extreme liberal viewpoint that has been mistaught in our schools for so long and that's what we have to reverse - that very notion that you're presenting.
Chris Wallace: Congressman, it's not just a liberal view. It was the decision of the Supreme Court in 1937 when they said that Social Security was constitutional under Article I, Section 8 of the Constitution.
Ron Paul: And the Constitution and the courts said slavery was legal, too, and we had to reverse that.
Ron Paul
[The Kellog Pact is] a mighty moral bulwark against war - and we must never underestimate the effectiveness of moral bulwarks with no bayonet nor bludgeon behind them. The entry of the United States into the Permanent Court of International Justice, the growing confidence in the court, and the increase in the number of nations who have signed the Optional Clause mark definite and, I believe, irrevocable steps in the displacement of military power by judicial process in the settlement of international disputes. Public servants like us will fail in our duty if we do not diminish military power in proportion to the increase of political security...I dare affirm that, in the naval programme of the leading naval powers, there is a margin between real security needs and actual or projected strength, and the world expects this Conference to eliminate that margin.
Ramsay MacDonald
