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Whenever the offence inspires less horror than the punishment, the rigour of penal law is obliged to give way to the common feelings of mankind.more Edward Gibbon quotes |
Indeed, the ABA [American Bar Association] is truly a creature of these post-modern times. Its governing members view the political sphere and judicial sphere as one in the same, and worship raw power as the ultimate and only currency in social transactions. The modern ABA thus has embraced an ideology that views the rule of law as a mere extension of politics, and in a self-fulfilling confirmation of that view, conflates law and politics with unashamedly liberal policy prescriptions.more Ray Gifford quotes |
If I resign any time this year, he [President Obama] could not successfully appoint anyone I would like to see in the court. ... [A]nybody who thinks that if I step down, Obama could appoint someone like me, they’re misguided.more Ruth Bader Ginsburg quotes |
Why, if we had to do that we could not pass most of the laws we enact around here...
Americans just want us to solve America's problems of health and safety -- and not be concerned if they can be constitutionally justified.more Sen. John Glenn quotes |
Why of course the people don't want war. Why should some poor slob on a farm want to risk his life in a war when the best he can get out of it is to come back to his farm in one piece? Naturally the common people don't want war neither in Russia, nor in England, nor for that matter in Germany. That is understood. But, after all, it is the leaders of the country who determine the policy and it is always a simple matter to drag the people along, whether it is a democracy, or a fascist dictatorship, or a parliament, or a communist dictatorship. Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked, and denounce the peacemakers for lack of patriotism and exposing the country to danger. It works the same in any country.more Hermann Goering quotes |
It is fundamental that the great powers of Congress to conduct
war and to regulate the Nation's foreign relations are subject to the
constitutional requirements of due process. The imperative necessity
for safeguarding these rights to procedural due process under the
gravest of emergencies has existed throughout our constitutional
history, for it is then, under the pressing exigencies of crisis, that
there is the greatest temptation to dispense with fundamental
constitutional guarantees which, it is feared, will inhibit
governmental action.more Justice Arthur Goldberg quotes |
Order derived through submission and maintained by terror is not much of a safe guaranty; yet that is the only "order" that governments have ever maintained. True social harmony grows naturally out of solidarity of interests. In a society where those who always work never have anything, while those who never work enjoy everything, solidarity of interests is non-existent; hence social harmony is but a myth.... Thus the entire arsenal of governments - laws, police, soldiers, the courts, legislatures, prisons - is strenuously engaged in "harmonizing" the most antagonistic elements in society.more Emma Goldman quotes |
I have little interest in streamlining government or in making it more efficient, for I mean to reduce its size. I do not undertake to promote welfare, for I propose to extend freedom. My aim is not to pass laws, but to repeal them. It is not to inaugurate new programs, but to cancel old ones that do violence to the Constitution ... or have failed their purpose ... or that impose on the people an unwarranted financial burden. I will not attempt to discover whether legislation is 'needed' before I have first determined whether it is constitutionally permissible. And if I should be attacked for neglecting my constituents' 'interests,' I shall reply that I was informed that their main interest is liberty, and in that cause I am doing the very best I can.more Barry Goldwater quotes |
Freedom of conscience is a natural right, both antecedent and superior to all human laws and institutions whatever; a right which laws never gave and a right which laws can never take away.more John Goodwin quotes |
Although this nation unquestionably must take strong action under the leadership of the commander in chief to protect itself against enormous and unprecedented threats, that necessity cannot negate the existence of the most basic fundamental rights for which the people of this country have fought and died for well over two hundred years... In sum, there can be no question that the Fifth Amendment right asserted by the Guantanamo detainees in this litigation -- the right not to be deprived of liberty without due process of law -- is one of the most fundamental rights recognized by the U.S. Constitution.more Judge Joyce Hens Green quotes |
For the average American family, filling out a tax form has become like attacking a puzzle to which, often enough, there is no right answer. But we're all supposed to swear, on penalty of perjury, that we've done our best to find it.more Paul Greenberg quotes |
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[T]he courts in the United States are continually called upon to deal with questions that are purely political and governmental; to enter, partially at least, into the realm of legislation; and to discuss questions of political, economic, and social theory.more Charles Haines quotes |
The fundamental source of all your errors, sophisms and false reasonings is a total ignorance of the natural rights of mankind. Were you once to become acquainted with these, you could never entertain a thought, that all men are not, by nature, entitled to a parity of privileges. You would be convinced, that natural liberty is a gift of the beneficent Creator to the whole human race, and that civil liberty is founded in that; and cannot be wrested from any people, without the most manifest violation of justice.more Alexander Hamilton quotes |
No legislative act contrary to the Constitution can be valid. To deny this would be to affirm that the deputy (agent) is greater than his principal; that the servant is above the master; that the representatives of the people are superior to the people; that men, acting by virtue of powers may do not only what their powers do not authorize, but what they forbid. It is not to be supposed that the Constitution could intend to enable the representatives of the people to substitute their will to that of their constituents. A Constitution is, in fact, and must be regarded by judges as fundamental law. If there should happen to be a irreconcilable variance between the two, the Constitution is to be preferred to the statute.more Alexander Hamilton quotes |
If it be asked, What is the most sacred duty and the greatest source of our security in a Republic? The answer would be, An inviolable respect for the Constitution and Laws.more Alexander Hamilton quotes |
There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.more Alexander Hamilton quotes |
The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought of course to be preferred; or in other words, the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.more Alexander Hamilton quotes |
Wise politicians will be cautious about fettering the government
with restrictions that cannot be observed, because they know that
every break of the fundamental laws, though dictated by necessity,
impairs that sacred reverence which ought to be maintained in
the breast of rulers towards the constitution of a country.more Alexander Hamilton quotes |
There is not a syllable in the plan under consideration which directly empowers the national courts to construe the laws according to the spirit of the Constitution.more Alexander Hamilton quotes |
The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated political as they relate chiefly to injuries done immediately to society itself.more Alexander Hamilton quotes |
Jurors should acquit, even against the judge’s instruction ... if exercising their judgment with discretion and honesty they have a clear conviction that the charge of the court is wrong.more Andrew Hamilton quotes |
I know, may it please your honour, the jury may do so; but I do likewise know they may do otherwise. I know they have the right, beyond all dispute, to determine both the law and the fact; and where they do not doubt the law, they ought to do so. This of leaving it to the judgment of the Court whether the words are libelous or not in effect renders juries useless (to say no worse) in many cases.more Andrew Hamilton quotes |
I often wonder whether we do not rest our hopes too much upon constitutions, upon law and upon courts. These are false hopes, believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no courts to save it.more Judge Learned Hand quotes |
Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury. There is not even a patriotic duty to increase one's taxes. Over and over again the Courts have said that there is nothing sinister in so arranging affairs as to keep taxes as low as possible. Everyone does it, rich and poor alike and all do right, for nobody owes any public duty to pay more than the law demands.more Judge Learned Hand quotes |
What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it… What is this liberty that must lie in the hearts of men and women? It is not the ruthless, the unbridled will; it is not the freedom to do as one likes. That is the denial of liberty and leads straight to its overthrow. A society in which men recognize no check on their freedom soon becomes a society where freedom is the possession of only a savage few -- as we have learned to our sorrow. What then is the spirit of liberty? I cannot define it; I can only tell you my own faith. The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias...more Judge Learned Hand quotes |
In view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is colorblind, and neither knows nor tolerates classes among citizens.more John Marshall Harlan quotes |
By giving the government unlimited powers, the most arbitrary rule can be made legal; and in this way a democracy may set up the most complete despotism imaginable.more Friedrich August von Hayek quotes |
It used to be the boast of free men that, so long as they kept within the bounds of the known law, there was no need to ask anybody's permission or to obey anybody's orders. It is doubtful whether any of us can make this claim today.more Friedrich August von Hayek quotes |
From the fact that people are very different it follows that, if we treat them equally, the result must be inequality in their actual position, and that the only way to place them in an equal position would be to treat them differently. Equality before the law and material equality are therefore not only different but are in conflict with each other; and we can achieve either one or the other, but not both at the same time.more Friedrich August von Hayek quotes |
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I am certain that nothing has done so much to destroy the juridical safeguards of individual freedom as the striving after this mirage of social justice.more Friedrich August von Hayek quotes |
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I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do.more Robert A. Heinlein quotes |
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The two highest achievements of the human mind are the twin concepts of "loyalty" and "duty". Whenever these twin concepts fall into disrepute, get out of there fast! You may possibly save yourself, but it is too late to save that society. It is doomed.more Robert A. Heinlein quotes |
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Oh, judge, your damn laws: the good people don't need them and the bad people don't follow them so what good are they?more Ammon Hennacy quotes |
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Let Mr. Madison tell me when did liberty ever exist when the sword and the purse were given up from the people? Unless a miracle shall interpose, no nation ever did, nor ever can retain its liberty after the loss of the sword and the purse.more Patrick Henry quotes |
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The convoluted wording of legalisms grew up around the necessity to hide from ourselves the violence we intend toward each other. Between depriving a man of one hour from his life and depriving him of his life there exists only a difference of degree. You have done violence to him, consumed his energy.more Frank Herbert quotes |
Laws to suppress tend to strengthen what they would prohibit.
This is the fine point on which all legal professions of history have based their job security.more Frank Herbert quotes |
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Democrats and Republicans alike support the "War on Drugs." Federal, state, and local police make more than a million drug arrests
yearly. Drug cases clog the courts. More than 60% of federal prison cells and about 30% of state prison cells hold drug offenders. No-knock drug
raiders nullify the Fourth Amendment every day. Yet illicit drugs continue to pour onto the market, and they are readily available throughout the
land. Looks like another failed policy. But politicians say more money will win the war. For fiscal 1996, President Clinton has requested a record
$14.6 billion for this exercise in futility. State and local government will also spend huge sums. Who benefits? Posturing politicians and puritanical
zealots, of course, but also the Drug Enforcement Administration, Customs Service, Coast Guard, FBI, and the rest of the drug warriors. Police love
the drug war, because the forfeiture laws it inspired allow them to seize and keep private property with impunity. Corrupt cops get fabulous bribes,
and corruption therefore runs rampant.more Robert Higgs quotes |
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