What about your constitutional right to bear arms, you say. I would simply point out that you don't have to exercise a constitutional right just because you have it. You have the constitutional right to run for president of the United States, but most people have too much sense to insist on exercising it.
there ought always to be a constitutional method of giving efficacy to constitutional provisions. What for instance would avail restrictions on the authority of the state legislatures, without some constitutional mode of enforcing the observance of them? . . . This power must either be a direct negative on the state laws, or an authority in the federal courts, to over-rule such as might be in manifest contravention of the articles of union.
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.
I do have a fundamental concern about us losing control of our own destiny, and this is not just about the euro. You can expand and extend it into the whole constitutional issue. The British people have been suckered with regard to how the whole currency and constitutional issues have been sold to them.
Maybe I should offer a good thanks to the distinguished members of the majority, the Republicans, my chairman and others, for giving us an opportunity to have a deliberative constitutional discussion that reinforces the sanctity of this nation and how well it is that we have lasted some 400 years, operating under a constitution that clearly defines what is constitutional and what is not.
Sheila Jackson Lee
Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault.
Robert H. Jackson
There is no superior person by constitutional standards. An applicant who is white is entitled to no advantage by reason of that fact, nor is he subject to any disability, no matter what his race or color. Whatever his race, an applicant has a constitutional right to have his application considered on its individual merits.
William O. Douglas
And that law of the land which is constitutional, supporting that principle of freedom in maintaining rights and privileges, belongs to all mankind, and is justifiable before me. Therefore, I, the Lord, justify you, and your brethren of my church, in befriending that law which is the constitutional law of the land.
I declare that this government is no longer a constitutional and moral form of government. I will deal with it, and I will obey its laws, and I will support it when it is defending our country from foreign and domestic enemies. I will vote in its elections and participate in its political debates. But I will never accept it. I aim at a restoration of constitutional and moral order.
The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.... There should be, therefore, great resistance to ... redefining the category of rights deemed to be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority to govern the country without express constitutional authority.
A constitutional tradition that works is one that is in a constant state of dynamic evolution. You have a written constitution that says 'x,' but no constitutional system works if it just follows what's in that written constitution and never changes. Interpretation gives it the freedom to change.
The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges views of fairness, reasonableness, or justice. I have no fear of constitutional amendments properly adopted, but I do fear the rewriting of the Constitution by judges under the guise of interpretation.
To be true to its constitutional role, the Supreme Court should refuse to be drawn into making public policy, and it should strike down legislation only when a clear constitutional violation exists. When judicial activists resort to various inventions and theories to impose their personal views on privacy and liberty, they jeopardize the legitimacy of the judiciary as an institution and undermine the role of the other branches of government.
It is impossible to build sound constitutional doctrine upon a mistaken understanding of Constitutional history... The establishment clause has been expressly freighted with Jefferson's misleading metaphor for nearly forty years... There is simply no historical foundation for the proposition that the framers intended to build a wall of separation... The recent court decisions are in no way based on either the language or intent of the framers.
It means that we must abandon the method of civil disobedience, non-cooperation and satyagraha. When there was no way left for constitutional methods for achieving economic and social objectives, there was a great deal of justification for unconstitutional methods. But where constitutional methods are open, there can be no justification for these unconstitutional methods. These methods are nothing but the Grammar of Anarchy and the sooner they are abandoned, the better for us.
B. R. Ambedkar
The founders understood that democracy would inevitably evolve into a system of legalized plunder unless the plundered were given numerous escape routes and constitutional protections such as the separation of powers, the Bill of Rights, election of senators by state legislators, the electoral college, no income taxation, most governmental functions performed at the state and local levels, and myriad other constitutional limitations on the powers of the central government.
Communism is not a political party nor a political plan under the Constitution; it is a system of government that is the opposite of our Constitutional government, and it would be necessary to destroy our government before Communism could be set up in the United States....[Communism] even reaches its hand into the sanctity of the family circle itself, disrupting the normal relationship of parent and child, all in a manner unknown and unsanctioned under the Constitutional guarantees under which we in America live.
David O. McKay
In a democracy, every ordinary citizen is effectively a king--but a king in a constitutional democracy, a monarch who decides only formally, whose function is merely to sign off on measures proposed by an executive administration. This is why the problem with democratic rituals is homologous to the great problem of constitutional monarchy: how to protect the dignity of the king? How to maintain the appearance that the king effectively makes decisions, when we all know this not to be true?
The difference between the past and the present is that individual freedom and security no longer fall to be protected solely through the D vehicle of common-law maxims and presumptions which may be altered or repealed by statute, but are now protected by entrenched constitutional provisions which neither the Legislature nor the Executive may abridge. It would accordingly be improper for us to hold constitutional a system which, as Sachs J has noted, confers on creditors the power to consign the person of an impecunious debtor to prison at will and without the interposition at the crucial time of a judicial officer.
Our federal government, which was intended to operate as a very limited constitutional republic, has instead become a virtually socialist leviathan that redistributes trillions of dollars. We can hardly be surprised when countless special interests fight for the money. The only true solution to the campaign money problem is a return to a proper constitutional government that does not control the economy. Big government and big campaign money go hand-in-hand.
In bad or corrupted natures the body will often appear to rule over the soul, because they are in an evil and unnatural condition. At all events we may firstly observe in living creatures both a despotical and a constitutional rule; for the soul rules the body with a despotical rule, whereas the intellect rules the appetites with a constitutional and royal rule. And it is clear that the rule of the soul over the body, and of the mind and the rational element over the passionate, is natural and expedient; whereas the equality of the two or the rule of the inferior is always hurtful.
No Irish nationalist could support any treaty which institutionalizes British government claims to a part of Irish national territory. Indeed, the term - 'constitutional nationalism'- used by Mr.Mallon (SDLP) and his colleagues to describe their political philosophy is a contradiction in terms. The only constitutional nationalist in Ireland today is Sean McBride. He puts his nationalism within a framework of Irish constitutionality. Mr. Mallon, however, puts his within the framework of British constitutionality. Irish nationalism within British constitutionality is a contradiction in terms.