Congress shall make no law abridging the freedom of production and trade...
And yet we have what purports, or professes, or is claimed, to be a contract—the Constitution—made eighty years ago, by men who are now all dead, and who never had any power to bind us, but which (it is claimed) has nevertheless bound three generations of men, consisting of many millions, and which (it is claimed) will be binding upon all the millions that are to come; but which nobody ever signed, sealed, delivered, witnessed, or acknowledged; and which few persons, compared with the whole number that are claimed to be bound by it, have ever read, or even seen, or ever will read, or see.
In a democracy government is the God.
I know no safe depository of the ultimate powers of the society but the people themselves ; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.
As the patriots of seventy-six did to the support of the Declaration of Independence, so to the support of the Constitution and Laws, let every American pledge his life, his property, and his sacred honor; – let every man remember that to violate the law, is to trample on the blood of his father, and to tear the character of his own, and his children's liberty. Let reverence for the laws, be breathed by every American mother, to the lisping babe, that prattles on her lap – let it be taught in schools, in seminaries, and in colleges; – let it be written in Primmers, spelling books, and in Almanacs; – let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice. And, in short, let it become the political religion of the nation; and let the old and the young, the rich and the poor, the grave and the gay, of all sexes and tongues, and colors and conditions, sacrifice unceasingly upon its altars.While ever a state of feeling, such as this, shall universally, or even, very generally prevail throughout the nation, vain will be every effort, and fruitless every attempt, to subvert our national freedom.
If their social institutions were abhorrent, their unwritten constitution bordered upon the absurd. The absolutist monarchs of the ancient kingdoms of Amara looked with detestation at the Shazarian constitutional monarchy. Yet this was no time to demonstrate loathing of the upstart nation; condescension could wait until after Sixto had been defeated.
The rifle itself has no moral stature, since it has no will of its own. Naturally, it may be used by evil men for evil purposes, but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda, they can certainly be corrected by good men with rifles.
… I believe that the maintenance of the rights and authority reserved to the states and to the people … are the safeguard to the continuance of a free government … whereas the consolidation of the states into one vast republic, sure to be aggressive abroad and despotic at home, will be the certain precursor of that ruin which has overwhelmed all those that have preceded it.
We have rule of lawyers, not rule of law. The legal profession has a monopoly over one branch of government as it was never intended to. The American Bar Association owns an entire branch of our government. We should not be surprised that we are the most litigious society in the world. It is big business with a stranglehold on one of the three branches of government.
There is nothing which I dread so much as a division of the republic into two great parties, each arranged under its leader, and concerting measures in opposition to each other. This, in my humble apprehension, is to be dreaded as the greatest political evil under our Constitution.
In the blood-heat of pursuing the enemy, many people are forgetting what we are fighting for. We are fighting for our hard-won liberty and freedom; for our Constitution and the due processes of our laws; and for the right to differ in ideas, religion and politics. I am convinced that in your zeal to fight against our enemies, you, too, have forgotten what you are fighting for.
A president cannot defend a nation if he is not held accountable to its laws.
Failing to indict a criminal sitting president sends the message that those in power are above the law.
The Constitution is ink on parchment. It is forty-four hundred words. And it is, too, the accreted set of meanings that have been made of those words, the amendments, the failed amendments, the struggles, the debates—the course of events—over more than two centuries. It is not easy, but it is everyone’s.
Revealingly, the central function of the Constitution as law--the supreme law--was to impose limitations not on the behavior of ordinary citizens but on the federal government. The government, and those who ran it, were not placed outside the law, but expressly targeted by it. Indeed, the Bill of Rights is little more than a description of the lines that the most powerful political officials are barred from crossing, even if they have the power to do so and even when the majority of citizens might wish them to do so.
For in the end laws are just words on a page - words that are sometimes malleable, opaque, as dependent on context and trust as they are in a story or poem or promise to someone, words whose meanings are subject to erosion, sometimes collapsing in the blink of an eye.
The police can use violence to say, expel citizens from a public park because they are enforcing duly constituted laws. Laws gain their legitimacy from the Constitution. The Constitution gains its legitimacy from something called 'the people.' But how did 'the people' actually grant legitimacy to the Constitution? As the American and French revolutions make clear: basically, through acts of illegal violence. So what gives the police the right to use force to suppress the very thing–a popular uprising–that granted them their right to use force to begin with?
If the political left weren't so joyless, humorless, intrusive, taxing, over-taxing, anarchistic, controlling, rudderless, chaos-prone, pedantic, unrealistic, hypocritical, clueless, politically correct, angry, cruel, sanctimonious, retributive, redistributive, intolerant, and if the political left wasn't hell-bent on expansion of said unpleasantness into all aspects of my family's life the truth is: I would not be in your life. If the democratic party were run by Joe Lieberman and Evan Bayh, if it had the slightest vestige of JFK and Henry "Scoop" Jackson I wouldn't be on the political map. If the American media were run by biased but not evil Tim Russert and David Brinkley types I wouldn't have joined the fight. You would not know who I am. The left made me do it, I swear, I am a reluctant cultural warrior.
Jefferson feared that Hamilton had plans radically at odds with the Constitution. As he saw it, Hamilton wanted to warp the federal government out of constitutional shape, converting it into a copy of the British government, built on debt, corruption, and influence. Hamilton's goal, Jefferson charged, was to ally the rich and well born with the government at the people's expense, creating a corrupt aristocracy leagued with the government against the people and destroying the virtue that was the basis of republican government. Only a republic could preserve liberty, Jefferson insisted, and only virtue among the people could preserve a republic.
The strength of America is not vested in the ability of the government to remain true to Christian principles. It rests in the strength of the people to stay true to the Christian virtue that provides an adequate base for electing virtuous representatives, thereby maintaining our Constitutional Republic.
Constitutions become the ultimate tyranny," Paul said. "They’re organized power on such a scale as to be overwhelming. The constitution is social power mobilized and it has no conscience. It can crush the highest and the lowest, removing all dignity and individuality. It has an unstable balance point and no limitations.
To think that because those who wield power in society wield in the end that of government, therefore it is of no use to attempt to influence the constitution of the government by acting on opinion, is to forget that opinion is itself one of the greatest active social forces. One person with a belief is a social power equal to ninety-nine who have only interests.
Our civil and criminal codes reflect at many points the spirit of the Mosaic. In the criminal code we find no feminine pronouns, as "He," "His," "Him," we are arrested, tried and hung, but singularly enough, we are denied the highest privileges of citizens, because the pronouns "She," "Hers" and "Her," are not found in the constitutions. It is a pertinent question, if women can pay the penalties of their crimes as "He," why may they not enjoy the privileges of citizens as "He"?
There is coming a day, when freedom will just be a essence of the mind, an inner dwelling that was once physically attainable. They will tell you where you can live, and what you can wear and drive, what and how much you can eat and drink, and how to purchase those. They will strip you of your religion, race, gender, national origin, age, color, creed, views and power, and have control of the population. They will set in a new world order, and put you in the back of the line, marked and branded. Everything before will be erased, and the new will be manipulated. And what you believe most, can only be kept secret, for all must fall in line of their govern. Anything outside will be abolished. Even death, will be sought, but restrained. They will execute complete and total control over everything, and be sole owners of your soul. The light, that once guided will go dim, and liberty will be like an unwilled bird, suppressed in the cage of your ribs; wings cut off.
I am certainly not an advocate for frequent and untried changes in laws and constitutions. I think moderate imperfections had better be borne with; because, when once known, we accommodate ourselves to them, and find practical means of correcting their ill effects. But I know also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors.
2. Humanity & Peace - 2.09 THE NUCLEAR QUESTIONAny act against the constitution,Must be declared to be but void,But atomic acts against humanity,Are the strength to be but tried.[22] - 2The future of any of the countries,Does lie way above its people,And the future of humanity -On numerous BOMBS so ample.[23] - 2
Christianity may be good and Satanism evil. Under the Constitution, however, both are neutral. This is an important, but difficult, concept for many law enforcement officers to accept. They are paid to uphold the penal code, not the Ten Commandments … The fact is that far more crime and child abuse has been committed by zealots in the name of God, Jesus and Mohammed than has ever been committed in the name of Satan. Many people don’t like that statement, but few can argue with it.
Why did the Articles [of Confederation] fail so completely? Most historians believe the founding fathers spent a great deal of their first constitutional convention drafting the delaration of independence and only realized on July 3rd the Articles were also due.
There is nothing in which mankind have been more unanimous [founding nations upon superstition]; yet nothing can be inferred from it more than this, that the multitude have always been credulous, and the few artful. The United States of America have exhibited, perhaps, the first example of governments erected on the simple principles of nature: and if men are now sufficiently enlightened to disabuse themselves of artifice, imposture, hypocrisy, and superstition, they will consider this event as an era in their history... [T]he detail of the formation of the American governments... may hereafter become an object of curiosity. It will never be pretended that any persons employed in that service had any interviews with the gods, or were in any degree under the inspiration of heaven... it will for ever be acknowledged that these governments were contrived merely by the use of reason and the senses... Thirteen governments thus founded on the natural authority of the people alone, without a pretence of miracle or mystery, which are destined to spread over the northern part of that whole quarter of the globe, are a great point gained in favour of the rights of mankind.[A Defence of the Constitutions of the United States of America, 1787]
It is their mores, then, that make the Americans of the United States...capable of maintaining the rule of democracy.... Too much importance is attached to laws and too little to mores.... I am convinced that the luckiest of geographical circumstances and the best of laws cannot maintain a constitution in spite of mores, whereas the latter can turn even the most unfavorable circumstances...to advantage.... If I have not succeeded in making the reader feel the importance I attach to the practical experience of the Americans, to their habits, laws, and, in a word, their mores, I have failed in the main object of my work. -Alexis de Tocqueville, Democracy in American
Democracy is probably the only discovery by mankind which mostly brought it only happiness.
The advantages of a hereditary Monarchy are self-evident. Without some such method of prescriptive, immediate and automatic succession, an interregnum intervenes, rival claimants arise, continuity is interrupted and the magic lost. Even when Parliament had secured control of taxation and therefore of government; even when the menace of dynastic conflicts had receded in to the coloured past; even when kingship had ceased to be transcendental and had become one of many alternative institutional forms; the principle of hereditary Monarchy continued to furnish the State with certain specific and inimitable advantages.Apart from the imponderable, but deeply important, sentiments and affections which congregate around an ancient and legitimate Royal Family, a hereditary Monarch acquires sovereignty by processes which are wholly different from those by which a dictator seizes, or a President is granted, the headship of the State. The King personifies both the past history and the present identity of the Nation as a whole. Consecrated as he is to the service of his peoples, he possesses a religious sanction and is regarded as someone set apart from ordinary mortals. In an epoch of change, he remains the symbol of continuity; in a phase of disintegration, the element of cohesion; in times of mutability, the emblem of permanence. Governments come and go, politicians rise and fall: the Crown is always there. A legitimate Monarch moreover has no need to justify his existence, since he is there by natural right. He is not impelled as usurpers and dictators are impelled, either to mesmerise his people by a succession of dramatic triumphs, or to secure their acquiescence by internal terrorism or by the invention of external dangers. The appeal of hereditary Monarchy is to stability rather than to change, to continuity rather than to experiment, to custom rather than to novelty, to safety rather than to adventure.The Monarch, above all, is neutral. Whatever may be his personal prejudices or affections, he is bound to remain detached from all political parties and to preserve in his own person the equilibrium of the realm. An elected President – whether, as under some constitutions, he be no more than a representative functionary, or whether, as under other constitutions, he be the chief executive – can never inspire the same sense of absolute neutrality. However impartial he may strive to become, he must always remain the prisoner of his own partisan past; he is accompanied by friends and supporters whom he may seek to reward, or faced by former antagonists who will regard him with distrust. He cannot, to an equal extent, serve as the fly-wheel of the State.
That was when they suspended the Constitution. They said it would be temporary. There wasn't even any rioting in the streets. People stayed home at night, watching television, looking for some direction. There wasn't even an enemy you could put your finger on.
In her mind, her actions were treason to the false federation, but loyalty to the real United States of America, the one created by a document she had memorized. The real document was set on fire by what the news called "petty arsons" when the National Archives burned down. Bev knew better—she knew who was behind the destruction of the country's most important document. It was more than a document, it was a symbol—a symbol of freedom from tyranny, and one the Federal Government could no longer afford to abide by.
The Fourth Amendment to the United States Constitution, intact for over 200 years, guaranteed that the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath of affirmation, and particularly describing the place to be searched, and the persons or things to be seized. After September 11th, 2001, those were just words on an old piece of paper, no longer a restriction of the Government’s overreaching power to shake down its subjects.
Governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.
The creators of the Constitution were not purple-robed scholars, sitting in their ivory towers attempting to put abstract theories into play, but men who had come to realize that their system of government was broken. These men desired desperately to repair it.
Today, no less than five Supreme Court justices are on record, either through their opinions or speeches (or both), that they will consult foreign law and foreign-court rulings for guidance in certain circumstances. Of course, policymakers are free to consult whatever they want, but not justices. They're limited to the Constitution and the law.
Unless we put medical freedom into the Constitution the time will come when medicine will organize itself into an undercover dictatorship. To restrict the art of healing to doctors and deny equal privileges to others will constitute the Bastille of medical science. All such laws are un-American and despotic.
It’s not just absolute power that the Founders sought to prevent. Implicit in its structure, in the very idea of ordered liberty, was a rejection of absolute truth, the infallibility of any idea or ideology or theology or “ism,” any tyrannical consistency that might lock future generations into a single, unalterable course, or drive both majorities and minorities into the cruelties of the Inquisition, the pogrom, the gulag, or the jihad. The Founders may have trusted in God, but true to the Enlightenment spirit, they also trusted in the minds and senses that God had given them. They were suspicious of abstraction and liked asking questions, which is why at every turn in our early history theory yielded to fact and necessity.
[T]here is both an intrinsic and instrumental value to privacy. Intrinsically, privacy is precious to the extent that it is a component of a liberty. Part of citizenship in a free society is the expectation that one's personal affairs and physical person are inviolable so long as one remains within the law. A robust concept of freedom includes the freedom from constant and intrusive government surveillance of one's life. From this perspective, Fourth Amendment violations are objectionable for the simple fact that the government is doing something it has no licence to do–that is, invading the privacy of a law-abiding citizen by monitoring her daily activities and laying hands on her person without any evidence of wrongdoing.Privacy is also instrumental in nature. This aspect of the right highlights the pernicious effects, rather than the inherent illegitimacy, of intrusive, suspicionless surveillance. For example, encroachments on individual privacy undermine democratic institutions by chilling free speech. When citizens–especially those espousing unpopular viewpoints–are aware that the intimate details of their personal lives are pervasively monitored by government, or even that they could be singled out for discriminatory treatment by government officials as a result of their First Amendment expressive activities, they are less likely to freely express their dissident views.
There were those few, and there will be more, who really liked people, loved people—all people. They were the human torches setting aflame the hearts of men so that they passionately fought for the rights of their fellow men, all men. They were hated, feared, and branded as radicals . They wore the epithet of radical as a badge of honor. They fought for the right of men to govern themselves, for the right of men to walk erect as free men and not grovel before kings, for the Bill of Rights, for the abolition of slavery, for public education, and for everything decent and worth while. They loved men and fought for them. Their neighbor’s misery was their misery. They acted as they believed.
Before Sept. 11, the idea that Americans would voluntarily agree to live their lives under the gaze of a network of biometric surveillance cameras, peering at them in government buildings, shopping malls, subways and stadiums, would have seemed unthinkable, a dystopian fantasy of a society that had surrendered privacy and anonymity.
Vice President Cheney has been the most dangerous vice president we've had probably in American history. The idea he doesn't realize that Article I of the Constitution defines the role of the vice president of the United States, that's the Executive Branch. He works in the Executive Branch. He should understand that. Everyone should understand that. And the primary role of the vice president of the United States of America is to support the president of the United States of America, give that president his or her best judgment when sought, and as vice president, to preside over the Senate, only in a time when in fact there's a tie vote. The Constitution is explicit. The only authority the vice president has from the legislative standpoint is the vote, only when there is a tie vote. He has no authority relative to the Congress.
The Constitution of the United States is a glorious standard; it is founded in the wisdom of God. It is a heavenly banner; it is to all those who are privileged with the sweets of liberty, like the cooling shades and refreshing waters of a great rock in a thirsty and weary land. It is like a great tree under whose branches men from every clime can be shielded from the burning rays of the sun.
And it is undeniably true that the greatest and most important right of a British subject is that he shall be governed by no laws but those to which he, either in person or by his representatives, hath given his consent; and this, I will venture to assert, is the great basis of British freedom; it is interwoven with the Constitution, and whenever this is lost, the Constitution must be destroyed.
But 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 color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guarantied by the supreme law of the land are involved.
The reason the founders chafed at the idea of an American standing army and vested the power of war making in the cumbersome legislature was not to disadvantage us against future enemies, but to disincline us toward war as a general matter... With citizen-soldiers, with the certainty of a vigorous political debate over the use of a military subject to politicians' control, the idea was for us to feel it- uncomfortably- every second we were at war. But after a generation or two of shedding the deliberate political encumbrances to war that they left us... war making has become almost an autonomous function of the American state. It never stops.
Actually, Bush, technically speaking, is not really President-because he refused to take the Oath of Office. I don’t know how many of you noticed this, but the wording of the Oath of Office is written in the Constitution, so you can’t fool around with it-and Bush refused to read it. The Oath of Office says something about, ”I promise to do this, that, and the other thing,” and Bush added the words, ”so help me God.” Well, that’s illegal: he’s not President, if anybody cares.
When the Chief Justice read me the oath,' he [FDR] later told an adviser, 'and came to the words "support the Constitution of the United States" I felt like saying: "Yes, but it's the Constitution as I understand it, flexible enough to meet any new problem of democracy--not the kind of Constitution your Court has raised up as a barrier to progress and democracy.
I was astonished, bewildered. This was America, a country where, whatever its faults, people could speak, write, assemble, demonstrate without fear. It was in the Constitution, the Bill of Rights. We were a democracy...But I knew it wasn't a dream; there was a painful lump on the side of my head...The state and its police were not neutral referees in a society of contending interests. They were on the side of the rich and powerful. Free speech? Try it and the police will be there with their horses, their clubs, their guns, to stop you.From that moment on, I was no longer a liberal, a believer in the self-correcting character of American democracy. I was a radical, believing that something fundamental was wrong in this country--not just the existence of poverty amidst great wealth, not just the horrible treatment of black people, but something rotten at the root. The situation required not just a new president or new laws, but an uprooting of the old order, the introduction of a new kind of society--cooperative, peaceful, egalitarian.
There is no such source and cause of strife, quarrel, fights, malignant opposition, persecution, and war, and all evil in the state, as religion. Let it once enter into our civil affairs, our government soon would be destroyed. Let it once enter our common schools, they would be destroyed. Those who made our Constitution saw this, and used the most apt and comprehensive language in it to prevent such a catast
The Constitution, the National Assembly, the dynastic parties, the blue and the red republicans, the heroes of Africa, the thunder from the platform, the sheet lightning of the daily press, the entire literature, the political names and the intellectual reputations, the civil law and penal code, the liberté, égalité, fraternité and the second of May 1852—all have vanished like a phantasmagoria before the spell of a man whom even his enemies do not make out to be a magician. Universal suffrage seems to have survived only for a moment, in order that with its own hand it may make its last will and testament before the eyes of all the world and declare in the name of the people itself: Everything that exists has this much worth, that it will perish.
But let us be sure of something. We are not sheep. This government is ours, and it is meant to serve our best interests. And if it has grown into something it shouldn't be, and shucked off the rules of the Constitution it was based on, then it is our responsibility to rein it back in.
On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality.In politics we will be recognizing the principle of one man one vote and one vote one value.In our social and economic life, we shall, by reason of our social and economic structure, continue to deny the principle of one man one value.How long shall we continue to live this life of contradictions? How long shall we continue to deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril. We must remove this contradiction at the earliest possible moment or else those who suffer from inequality will blow up the structure of political democracy which this Assembly has so laboriously built up.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. - Sixth Amendment, United States Constitution
The true object of loyalty is a good legal constitution, which, as it condemns every instance of oppression and lawless power, derives a certain remedy to the sufferer by allowing him to remonstrate his grievances, and pointing out methods of relief when the gentle arts of persuasion have lost their efficacy.
in a constitutionally ordered state, where laws are derived from broad principles of right and wrong and where those principles are enshrined and protected by agreed upon procedures and practices, it can never be in the long-term interest of the state or its citizens to flout those procedures at home or associate too closely overseas with the enemies of your founding ideals.
Keep the faculty of effort alive in you by a little gratuitous exercise every day. That is, be systematically ascetic or heroic in little unnecessary points, do every day or two something for no other reason than that you would rather not do it, so that when the hour of dire need draws nigh, it may find you not unnerved and untrained to stand the test. So with the man who has daily inured himself to habits of concentrated attention, energetic volition, and self-denial in unnecessary things. He will stand like a tower when everything rocks around him, and when his softer fellow-mortals are winnowed like chaff in the blast.
Our Constitution’s separation of church and state never meant that religion could have nothing to do with the governing of our nation. The Founders simply intended that the United States would not have an established state religion and that no one could be sanctioned by the state for being of the wrong faith. Separation of church and state does not mean, as many people inside government believe today, that religion can never be discussed when investigating a threat or interrogating a suspect. And it definitely does not mean that a subject under surveillance as a threat to American lives cannot be recorded or otherwise monitored when he steps into a mosque. If someone is suspected of being a terrorist, it matters not whether he steps into a mosque, a church, or a temple; he is still a threat and should be treated as such.
The Constitution. . . illustrates the complexity of the American system: that it serves the interests of a wealthy elite, but also does enough for small property owners, for middle-income mechanics and farmers, to build a broad base of support. The slightly prosperous people who make up this base of support are buffers against the blacks, the Indians, the very poor whites. They enable the elite to keep control with a minimum of coercion, a maximum of law--all made palatable by the fanfare of patriotism and unity.