There is simply no escaping the fact that the fate of the Constitution is in our hands -- as voters, representatives, justices. If we allow ourselves to abuse the tradition of higher lawmaking, the very idea that the Constitution can be viewed as the culminating expression of a mobilized citizenry will disintegrate. After all, the American Republic is no more eternal than the Roman -- and it will come to an end when American citizens betray their Constitution’s fundamental ideals and aspirations so thoroughly that existing institutions merely parody the public meanings they formerly conveyedmore Bruce Ackerman quotes | There is simply no escaping the fact that the fate of the Constitution is in our hands -- as voters, representatives, justices. If we allow ourselves to abuse the tradition of higher lawmaking, the very idea that the Constitution can be viewed as the culminating expression of a mobilized citizenry will disintegrate. After all, the American Republic is no more eternal than the Roman -- and it will come to an end when American citizens betray their Constitution’s fundamental ideals and aspirations so thoroughly that existing institutions merely parody the public meanings they formerly conveyed.more Bruce Ackerman quotes | Everything secret degenerates, even the administration of justice; nothing is safe that does not show how it can bear discussion and publicity.more Lord Acton quotes | Human nature itself is evermore an advocate for liberty. There is also in human nature a resentment of injury, and indignation against wrong. A love of truth and a veneration of virtue. These amiable passions, are the "latent spark"... If the people are capable of understanding, seeing and feeling the differences between true and false, right and wrong, virtue and vice, to what better principle can the friends of mankind apply than to the sense of this difference?more John Adams quotes | It should be your care, therefore, and mine, to elevate the minds of our children and exalt their courage; to accelerate and animate their industry and activity; to excite in them an habitual contempt of meanness, abhorrence of injustice and inhumanity, and an ambition to excel in every capacity, faculty, and virtue. If we suffer their minds to grovel and creep in infancy, they will grovel all their lives.more John Adams quotes | The dignity and stability of government in all its branches, the morals of the people, and every blessing of society depend so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both the legislative and executive, and independent upon both, that so it may be a check upon both, and both should be checks upon that.more John Adams quotes | Therefore, the jury have the power of deciding an issue upon a general verdict. And, if they have, is it not an absurdity to suppose that the law would oblige them to find a verdict according to the direction of the court, against their own opinion, judgment, and conscience? ... [I]s a juror to give his verdict generally, according to [the judge’s] direction, or even to find the fact specially, and submit the law to the court? Every man, of any feeling or conscience, will answer, no. It is not only his right, but his duty, in that case, to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.more John Adams quotes | It should be your care, therefore, and mine, to elevate the minds of our children and exalt their courage; to accelerate and animate their industry and activity; to excite in them an habitual contempt of meanness, abhorrence of injustice and inhumanity, and an ambition to excel in every capacity, faculty, and virtue. If we suffer their minds to grovel and creep in infancy, they will grovel all their lives.more John Adams quotes | Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.more John Adams quotes | The moment the idea is admitted into society that property is not as sacred as the law of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.more John Adams quotes | [N]o good government but what is republican...
the very definition of a republic is
'an empire of laws, and not of men.'more John Adams quotes | Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty, and property, according to standing laws. He is obliged, consequently, to contribute his share to the expense of this protection; and to give his personal service, or an equivalent, when necessary. But no part of the property of any individual can, with justice, be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. In fine, the people of this commonwealth are not controllable by any other laws than those to which their constitutional representative body have given their consent.more John Adams quotes | | Law logic -- an artificial system of reasoning, exclusively used in courts of justice, but good for nothing anywhere else.more John Quincy Adams quotes | And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless necessary for the defense of the United States, or of some one or more of them; or to prevent the people from petitioning, in a peaceable and orderly manner, the federal legislature, for a redress of grievances; or to subject the people to unreasonable searches and seizures of their persons, papers or possessions.more Samuel Adams quotes | Among the natural Rights of the Colonists are these: First, a Right to Life; secondly, to Liberty; thirdly, to Property; together with the Right to support and defend them in the best Manner they can. Those are evident Branches of, rather than Deductions from, the Duty of Self-Preservation, commonly called the first Law of Nature.more Samuel Adams quotes | It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.more Samuel Adams quotes | We stand today at a crossroads: One path leads to despair and utter hopelessness. The other leads to total extinction. Let us hope we have the wisdom to make the right choice.more Woody Allen quotes | I shall not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land.more American Bar Association quotes | It is the duty of the officials to prevent or suppress the threatened disorder with a firm hand instead of timidly yielding to threats…. Surely a speaker ought not to be suppressed because his opponents propose to use violence. It is they who should suffer from their lawlessness, not he.more American Bar Association quotes | | Liberty, equality -- bad principles! The only true principle for humanity is justice; and justice to the feeble is protection and kindness.more Henri-Frédéric Amiel quotes | If the legislature clearly misinterprets a constitutional provision, the frequent repetition of the wrong will not create a right.more Amos v. Mosley quotes | It was we, the people; not we, the white male citizens; nor yet we, the male citizens; but we, the whole people, who formed the Union.more Susan B. Anthony quotes | | In order for a war to be just, three things are necessary. First, the authority of the sovereign.... Secondly, a just cause.... Thirdly ... a rightful intention.more Saint Thomas Aquinas quotes | For man, when perfected, is the best of animals, but, when separated from law and justice, he is the worst of all; since armed injustice is the more dangerous, and he is equipped at birth with the arms of intelligence and with moral qualities which he may use for the worst ends.more Aristotle quotes | It makes no difference whether a good man has defrauded a bad man, or a bad man defrauded a good man, or whether a good or bad man has committed adultery: the law can look only to the amount of damage done.more Aristotle quotes | The spectacle of a judge pouring over the picture of some nude, trying to ascertain the extent to which she arouses prurient interests, and then attempting to write an opinion which explains the difference between that nude and some other nude has elements of low comedy.more Thurman Arnold quotes | It is a part of the function of “law” to give recognition to ideas representing the exact opposite of established conduct. Most of the complications arise from the necessity of pretending to do one thing, while actually doing another.more Thurman Arnold quotes | One of the Seven [wise men of Greece] was wont to say: That laws were like cobwebs, where the small flies are caught and the great break through.more Sir Francis Bacon quotes | Letting a maximum number of views be heard regularly is not just a nice philosophical notion. It is the best way any society has yet discovered to detect maladjustments quickly, to correct injustices, and to discover new ways to meet our continuing stream of novel problems that rise in a changing environment.more Ben H. Bagdikian quotes | So long as there are earnest believers in the world, they will always wish to punish opinions, even if their judgment tells them it is unwise and their conscience tells them it is wrong.more Walter Bagehot quotes | What I'd like to see police do is deal with important issues and not these sorts of victimless crimes when society is riddled with problems.more Alderman Rodney Barket quotes | | | A man must pay the fiddler. In my case it so happened that a whole symphony orchestra often had to be subsidized.more John Barrymore quotes | In short, is not liberty the freedom of every person to make full use of his faculties, so long as he does not harm other persons while doing so? Is not liberty the destruction of all despotism -- including, of course, legal despotism? Finally, is not liberty the restricting of the law only to its rational sphere of organizing the right of the individual to lawful self-defense; of punishing injustice?more Frederic Bastiat quotes | What, then, is the law? It is the collective organization of the individual right to lawful defense. ... since an individual cannot lawfully use force against the person, liberty, or property of another individual, then the common force -- for the same reason -- cannot lawfully be used to destroy the person, liberty, or property of individual groups. ... But, unfortunately, law by no means confines itself to its proper functions. And when it has exceeded its proper functions, it has not done so merely in some inconsequential and debatable matters. The law has gone further than this; it has acted in direct opposition to its own purpose. The law has been used to destroy its own objective: It has been applied to annihilating the justice that it was supposed to maintain; to limiting and destroying rights which its real purpose was to respect. The law has placed the collective force at the disposal of the unscrupulous who wish, without risk, to exploit the person, liberty, and property of others. It has converted plunder into a right, in order to protect plunder. And it has converted lawful defense into a crime, in order to punish lawful defense.more Frederic Bastiat quotes | If every person has the right to defend -- even by force -- his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly. Thus the principle of collective right -- its reason for existing, its lawfulness -- is based on individual right. And the common force that protects this collective right cannot logically have any other purpose or any other mission than that for which it acts as a substitute. Thus, since an individual cannot lawfully use force against the person, liberty, or property of another individual, then the common force -- for the same reason -- cannot lawfully be used to destroy the person, liberty, or property of individuals or groups.more Frederic Bastiat quotes | Sometimes the law defends plunder and participates in it. Thus the beneficiaries are spared the shame and danger that their acts would otherwise involve... But how is this legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them and gives it to the other persons to whom it doesn't belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime. Then abolish that law without delay ... No legal plunder; this is the principle of justice, peace, order, stability, harmony and logic.more Frederic Bastiat quotes | No legal plunder: This is the principle of justice, peace, order, stability, harmony, and logic.
Until the day of my death, I shall proclaim this principle
with all the force of my lungs (which alas! is all too inadequate).more Frederic Bastiat quotes | There is in all of us a strong disposition to believe that anything lawful is also legitimate. This belief is so widespread that many persons have erroneously held that things are “just” because the law makes them so.more Frederic Bastiat quotes | Life, liberty, and property do not exist because men have made laws.
On the contrary, it was the fact that life, liberty, and property existed beforehand
that caused men to make laws in the first place.more Frederic Bastiat quotes | Everyone wants to live at the expense of the state. They forget that the state lives at the expense of everyone.more Frederic Bastiat quotes | It's gotten to where defense attorneys in federal drug cases can do their clients about as much good as Dr. Kevorkian can do his -- quietly shepherd them through to the least painful end.more Dan Baum quotes | The Supreme Court is steadily eroding the protections against police excess promised by the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the Constitution.more Dan Baum quotes | The [Supreme] Court during the past decade let police obtain search warrants on the strength of anonymous tips. It did away with the need for warrants when police want to search luggage, trash cans, car interiors, bus passengers, fenced private property and barns.more Dan Baum quotes | | My own view rests on the premise that nullification can and should serve an important function in the criminal process ... The doctrine permits the jury to bear on the criminal process a sense of fairness and particularized justice ... The drafters of legal rules cannot anticipate and take account of every case where a defendant’s conduct is “unlawful” but not blameworthy, any more than they can draw a bold line to mark the boundary between an accident and negligence. It is the jury -- as spokesmen for the community’s sense of values -- that must explore that subtle and elusive boundary. ... I do not see any reason to assume that jurors will make rampantly abusive use of their power. Trust in the jury is, after all, one of the cornerstones of our entire criminal jurisprudence, and if that trust is without foundation we must reexamine a great deal more than just the nullification doctrine.more Chief Judge David L. Bazelon quotes |
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