Share on Facebook Share on Twitter Comment on this quoteShare via Email Print this Page Daily Quotes Archives2010-09-16 Sep 16, 2010A republic, by which I mean a government in which the scheme of representation takes place, opens a different prospect, and promises the cure for which we are seeking. Let us examine the points in which it varies from pure democracy, and we shall comprehend both the nature of the cure and the efficacy which it must derive from the Union.~ James MadisonIt is not the function of the government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error.~ Justice Robert H. JacksonIf our Trade be taxed, why not our Lands, or Produce in short, everything we possess? They tax us without having legal representation.~ Samuel Adams Sep 15, 2010The pages of history shine on instances of the jury's exercise of its prerogative to disregard instructions of the judge...~ U.S. vs. DoughertyTo render the magistrate a judge of truth, and engage his authority in the suppression of opinions, shews an inattention to the nature and designs of political liberty.~ Robert HallThe jury has the right to determine both the law and the facts.~ Samuel Chase Sep 14, 2010For more than six hundred years -- that is, since the Magna Carta in 1215 -- there has been no clearer principle of English or American constitutional law than that, in criminal cases, it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust, oppressive, and all persons guiltless in violating or resisting the execution of such laws.~ Lysander SpoonerThe law itself is on trial quite as much as the cause which is to be decided.~ Harlan F. StoneThe jury has the power to bring a verdict in the teeth of both law and fact.~ Justice Oliver Wendell Holmes, Jr. Sep 13, 2010Let us contemplate our forefathers, and posterity, and resolve to maintain the rights bequeathed to us from the former, for the sake of the latter. The necessity of the times, more than ever, calls for our utmost circumspection, deliberation, fortitude and perseverance. Let us remember that "if we suffer tamely a lawless attack upon our liberty, we encourage it, and involve others in our doom," it is a very serious consideration ... that millions yet unborn may be the miserable sharers of the event.~ Samuel AdamsThere 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.~ Bruce AckermanFreedom may come quickly in robes of peace, or after ages of conflict and war; but come it will, and abide it will, so long as the principles by which it was acquired are held sacred.~ Edward Everett Sep 10, 2010Posterity -- you will never know how much it has cost my generation to preserve your freedom. I hope you will make good use of it.~ John Quincy AdamsIt is incorrect to think of liberty as synonymous with unrestrained action. Liberty does not and cannot include any action, regardless of sponsorship, which lessens the liberty of a single human being. To argue contrarily is to claim that liberty can be composed of liberty negations, patently absurd. Unrestraint carried to the point of impairing the liberty of others is the exercise of license, not liberty. To minimize the exercise of license is to maximize the area of liberty. Ideally, government would restrain license, not indulge in it; make it difficult, not easy; disgraceful, not popular. A government that does otherwise is licentious, not liberal.~ Leonard E. ReadWhen the government fears the people there is liberty; when the people fear the government there is tyranny.~ Thomas Jefferson Previous week's quotes Next week's quotes Share on Facebook Tweet Email Print