Share on Facebook Share on Twitter Comment on this quoteShare via Email Print this Page Daily Quotes Archives2012-01-16 Jan 16, 2012No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.~ U.S. ConstitutionNot surprisingly, the federal judiciary nearly always rules in favor of the federal government. Judicial review, contrary to the assurances of its advocates, has hardly restrained Congress at all. Instead it has progressively stripped the states of their traditional powers, while allowing federal power to grow unchecked.~ Joseph SobranAs the interned American citizens of Japanese descent learned, the Bill of Rights provided them with little protection when it was needed.~ Glenn Harlan Reynolds Jan 13, 2012[T]here are, at bottom, basically two ways to order social affairs, Coercively, through the mechanisms of the state -- what we can call political society. And voluntarily, through the private interaction of individuals and associations -- what we can call civil society. ... In a civil society, you make the decision. In a political society, someone else does. ... Civil society is based on reason, eloquence, and persuasion, which is to say voluntarism. Political society, on the other hand, is based on force.~ Edward H. CraneResolve to serve no more, and you are at once freed.~ Étienne de la BoétieThe only purpose for which power can rightfully be exercised over any member of a civilized community, against his will, is to prevent harm to others. ... Over himself, over his own body and mind, the individual is sovereign.~ John Stuart Mill Jan 12, 2012It’s never more important to move slowly and carefully before granting the state new powers than in the wake of tragedies.~ Brian DohertyThe object of any tyrant would be to overthrow or diminish trial by jury, for it is the lamp that shows that freedom lives.~ Sir Patrick DevlinOur whole political system rests on the distinction between constitutional and other laws. The former are the solemn principles laid down by the people in its ultimate sovereignty; the latter are regulations made by its representatives within the limits of their authority, and the courts can hold unauthorized and void any act which exceeds those limits. The courts can do this because they are maintaining against the legislature the fundamental principles which the people themselves have determined to support, and they can do it only so long as the people feel that the constitution is something more sacred and enduring than ordinary laws, something that derives its force from a higher authority.~ Walter F. Dodd Jan 11, 2012[I]f the policy of the government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.~ Abraham LincolnWhen courts fail to engage in oversight or even distort the Constitution to rationalize the ultra vires actions of government, and when academics and political activists aid and abet them in this activity by devising ingenious rationalizations for ignoring the Constitution’s words, they are playing a most dangerous game. For they are putting at risk the legitimacy of the lawmaking process and risking the permanent disaffection of significant segments of the people.~ Brannon P. DenningYou seem ... to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps.... Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.~ Thomas Jefferson Jan 10, 2012In my judgment the people of no nation can lose their liberty so long as a Bill of Rights like ours survives and its basic purposes are conscientiously interpreted, enforced and respected so as to afford continuous protection against old, as well as new, devices and practices which might thwart those purposes. I fear to see the consequences of the Court's practice of substituting its own concepts of decency and fundamental justice for the language of the Bill of Rights as its point of departure in interpreting and enforcing that Bill of Rights.~ Justice Hugo L. BlackAppropriated to justice, to security, to reason, to restraint; where there is no respect of persons; where will is nothing and power is nothing and numbers are nothing, and all are equal and all secure before the law.~ Rufus ChoateFor often evil men are rich, and good men poor; But we will not exchange with them Our virtue for their wealth since one abides always, While riches change their owners every day.~ Solon Previous week's quotes Next week's quotes Share on Facebook Tweet Email Print