Category: Politics & Law
“A dangerous ambition more often lurks behind the specious mask of zeal for the rights of the people, than under the forbidding appearance of zeal for the firmness and efficiency of government. History will teach us, that the former has been found a much more certain road to the introduction of despotism, than the latter, and that of those men who have overturned the liberties of republics the greatest number have begun their career, by paying an obsequious court to the people, commencing Demagogues and ending Tyrants.” – Alexander Hamilton, “The Federalist I”
“A bill of rights is what the people are entitled to against every government on earth, general or particular, & what no just government should refuse or rest on inference.” – Thomas Jefferson to James Madison, December 20, 1787, Debate on the Constitution, Part One (ed. Bailyn)
“The great desideratum in Government is, so to modify the sovereignty as that it may be sufficiently neutral between different parts of the Society to controul one part from invading the rights of another, and at the same time sufficiently controuled itself, from setting up an interest adverse to that of the entire Society.” – James Madison to Thomas Jefferson, October 24, 1787, Debate on the Constitution, Part One (ed. Bailyn)
“In all civilized Societies, distinctions are various and unavoidable. A distinction or property results from that very protection which a free Government gives to unequal faculties of acquiring it. There will be rich and poor; creditors and debtors; a landed interest, a monied interest, a mercantile interest, a manufacturing interest. These classes may again be subdivided according to the different productions of different situations & soils, & according to different branches of commerce, and of manufactures. In addition to these natural distinctions, artificial ones will be founded, on accidental differences in political, religious or other opinions, or an attachment to the persons of leading individuals. However erroneous or ridiculous these grounds of dissension and faction, may appear to the enlightened Statesman, or the benevolent philosopher, the bulk of mankind who are neither Statesmen nor Philosophers, will continue to view them in a different light. It remains then to be enquired whether a majority having any common interest, or feeling any common passion, will find sufficient motives to restrain them from oppressing the minority.” – James Madison to Thomas Jefferson, October 24, 1787, Debate on the Constitution, Part One (ed. Bailyn)
“It is more convenient to prevent the passage of a law, than to declare it void after it is passed.” – James Madison to Thomas Jefferson, October 24, 1787, Debate on the Constitution, Part One (ed. Bailyn)
“No form of government can preserve a nation which can’t controul the party rage of its own citizens; when any one citizen can rise above the controul of the laws, ruin draws near. ‘Tis not possible for any nation on earth, to hold their strength and establishment, when the dignity of their government is lost, and this dignity will forever depend on the wisdom and firmness of the officers of government, aided and supported by the virtue and patriotism of their citizens.” – A Citizen of Philadelphia (Pelatiah Webster), November 8, 1787, Debate on the Constitution, Part One (ed. Bailyn; emphases in original)
“A government we must have; there is no safety without it; though we know it will be imperfect, we still must prefer it to anarchy or no government at all. ‘Tis the height of folly and madness to reject a necessary convenience, because it is not a perfect good.” – A Citizen of Philadelphia (Pelatiah Webster), November 8, 1787, Debate on the Constitution, Part One (ed. Bailyn)
“The authority to lay and collect taxes is the most important of any power that can be granted; it connects with it almost all other powers, or at least will in process of time draw all other after it; it is the great mean of protection, security, and defence, in a good government, and the great engine of oppression and tyranny in a bad one.” – Brutus I, New York Journal, October 18, 1787
“When the people once part with power, they can seldom or never resume it again but by force. Many instances can be produced in which the people have voluntarily increased the powers of their rulers; but few, if any, in which rulers have willingly abridged their authority.” – Brutus I, New York Journal, October 18, 1787
“An equality of property, with a necessity of alienation, constantly operating to destroy combinations of powerful families, is the very soul of a republic—While this continues, the people will inevitably possess both power and freedom; when this is lost, power departs, liberty expires, and a commonwealth will inevitably assume some other form.” – Noah Webster, “An Examination Into the Leading Principles of the Federal Constitution” (emphases in original)
“In civil society, political liberty consists in acting conformably to the sense of a majority of the society. In a free government, every man binds himself to obey the public voice, or the opinion of a majority; and the whole society engages to protect each individual. In such a government a man is free and safe. But reverse the case; suppose every man to act without control or fear of punishment—every man would be free, but no man would be sure of his freedom one moment. Each would have the power of taking his neighbor’s life, liberty or property; and no man would command more than his own strength to repel the invasion.” – Noah Webster, “An Examination Into the Leading Principles of the Federal Constitution” (emphases in original)
“There are, in every society, some turbulent geniuses whose importance depends solely on faction.” – Noah Webster, “An Examination Into the Leading Principles of the Federal Constitution”
“It is a false principle in the vulgar ideas of representation, that a man delegated by a particular district in a state, is the representative of that district only; whereas in truth a member of the legislature from any town or county, is the representative of the whole state. In passing laws, he is to view the whole collective interest of the state, and act from that view; not from a partial regard to the interest of the town or county where he is chosen. The same principle extends to the Congress of the United States. A delegate is bound to represent the true local interest of his constituents—to state it in its true light to the whole body—but when each provincial interest is thus stated, every member should act for the aggregate interest of the whole confederacy. The design of representation is to bring this collective interest into view—a delegate is not the legislator of a single state—he is as much the legislator of the whole confederacy as of the particular state where he is chosen; and if he gives his vote for a law which he believes to be beneficial to his own state only, and pernicious to the rest, he betrays his trust and violates his oath. It is indeed difficult for a man to divest himself of local attachments and act from an impartial regard to the general good; but he who cannot for the most part do this, is not a good legislator.” – Noah Webster, “An Examination Into the Leading Principles of the Federal Constitution” (emphasis in original)
“There is, in all nations, a tendency towards an accumulation of power in some point. It is the business of the legislator to establish some barriers to check that tendency.” – Noah Webster, “An Examination Into the Leading Principles of the Federal Constitution”
“In all free governments, that is, in all countries, where laws govern, and not men, the supreme magistrate should have it in his power to execute any law, however unpopular, without hazarding his person or office. The laws are the sole guardians of right, and when the magistrate dares not act, every person is insecure.” – Noah Webster, “An Examination Into the Leading Principles of the Federal Constitution” (emphases in original)
“Scarce any people ever deliberately gave up their liberties; but many instances occur in history of their losing them forever by a rash and sudden act, to avoid a pressing inconvenience or gratify some violent passion of revenge or fear.” – An Old Whig (George Bryan, et al.), Independent Gazetteer, October 12, 1787
“The impartial administration of justice, which secures both our persons and our properties, is the great end of civil society. But if that be entirely entrusted to the magistracy, a select body of men, and those generally selected by the prince or such as enjoy the highest offices in the state, their decisions, in spight of their own natural integrity, will have frequently an involuntary biass towards those of their own rank and dignity: it is not to be expected from human nature, that the few should be always attentive to the interests and good of the many. On the other hand, if the power of judicature were placed at random in the hands of the multitude, their decisions would be wild and capricious, and a new rule of action would be every day established in our courts. It is wisely therefore ordered, that the principles and axioms of law, which are general propositions, flowing from abstracted reason, and not accommodated to times or to men, should be deposited in the breasts of the judges, to be occasionally applied to such facts as come properly ascertained before them. For here partiality can have little scope: the law is well known, and is the same for all ranks and degrees; it follows as a regular conclusion from the premises of fact pre-established. But in settling and adjusting a question of fact, when intrusted to any single magistrate, partiality and injustice have an ample field to range in; either by boldly asserting that to be proved which is not so, or more artfully by suppressing some circumstances, stretching and warping others, and distinguishing away the remainder. Here therefore a competent number of sensible and upright jurymen, chosen by lot from among those of the middle rank, will be found the best investigators of truth, and the surest guardians of public justice. For the most powerful individual in the state will be cautious of committing any flagrant invasion of another’s right, when he knows that the fact of his oppression must be examined and decided by twelve indifferent men, not appointed till the hour of trial; and that, when once that fact is ascertained, the law must of course redress it. This therefore preserves in the hands of the people that share which they ought to have in the administration of public justice, and prevents the encroachments of the more powerful and wealthy citizens. Every new tribunal, erected for the decision of facts, without the intervention of a jury, (whether composed of justices of the peace, commissioners of the revenue, judges of a court of conscience, or any other standing magistrates) is a step towards establishing aristocracy, the most oppressive of absolute governments.” – Sir William Blackstone, Commentaries on the Laws of England, Book III, Ch. 23
“As long as the liberty of the press continues unviolated, and the people have the right of expressing and publishing their sentiments upon every public measure, it is next to impossible to enslave a free nation. The state of society must be very corrupt and base indeed, when the people in possession of such a monitor as the press, can be induced to exchange the heavenborn blessings of liberty for the galling chains of despotism.—Men of an aspiring and tyrannical disposition, sensible of this truth, have ever been inimical to the press, and have considered the shackling of it, as the first step towards the accomplishment of their hateful domination, and the entire suppression of all liberty of public discussion, as necessary to its support.—For even a standing army, that grand engine of oppression, if it were as numerous as the abilities of any nation could maintain, would not be equal to the purposes of despotism over an enlightened people.” – Centinel (Samuel Bryan) II, Freeman’s Journal, October 24, 1787
“It’s no secret that American education is extremely outdated. The long day divided into periods marked by bells, summer vacations, neat rows of desks, and the same subjects for everybody, were all meant to turn 19th century farm children into 20th century factory workers, clerks, and secretaries. It’s a painfully obsolete model.” – Jay Nelson, SWCP Portal, August 2012
“When a court goes beyond the arguments raised in the parties’ briefs and starts creating law on its own, it loses the clarity that comes with subjecting a proposed rule to adversarial testing.” – Justice Anne M. Burke, The People of the State of Illinois v. Carlos Cregan
“Beware of those who wish to influence your passions, and to make you dupes to their resentments and little interests—personal invectives can never persuade, but they always fix prejudices which candor might have removed—those who deal in them have not your happiness at heart. Attach yourselves to measures, not to men.” – Cato I, New York Journal, September 27, 1787
“We have a War College, but no peace college.” – John Ketwig, …and a hard rain fell
“If you want to live, it’s good to be friendly.” – Art Spiegelman, Maus II
“When the rich plebeians in old Rome feared that the people might succeed through their plan to reduce taxes, they sheltered behind a dictatorship. And they condemned to death for high treason the patrician Manlius Capitolinus, who with his riches had tried to free their plebeian debtors from their debts. They hurled him down from the Tarpeian Rock. Since the very existence of human society, the need for self-preservation has driven men to commit crimes. But those crimes were secret deeds; men hushed them up and were ashamed of them. But today men are proud of them. There is a pestilence among us. All of us are tainted, friend and foe alike. Our souls are great black sores, and life is dying in them. They die, and we live on.” – Ödön von Horváth, The Age of the Fish (Jugend ohne Gott) (trans. Thomas)
“Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.” – Chief Justice Earl Warren, Brown v. Board of Education, 347 U.S. 483 (1954)
“The president of the United States takes an oath to support the Constitution. His ‘king’ is a legal document, a symbol of law, rather than any human authority. In this country, ultimate power is supposed to rest with the people; more concretely, it lies in the legal structure of society, and in the laws themselves. We pledge allegiance to the flag, but true allegiance runs not to a piece of cloth, or even to the president, or to some sacred text in the National Archives. Rather, our commitment is to a way of governing, a process, a set of procedures, a way of making decisions—in other words, to law. There is a shared understanding that we obey and respect the rules of the game. These rules hold society together. They are essential nuts and bolts that keep the structure from falling apart.” – Lawrence M. Friedman, American Law: An Introduction (emphasis in original)
“Every society has an authority structure. Every society has high and low. No society comes even close to pure equality. There were and are many kinds of authority, many forms of hierarchy, in this country. Millions of Americans are deeply religious, and are faithful to the word of their churches. Learning, skill, and money all command respect. So does political power. There is also the authority of custom, and the authority of traditional morality. These form a kind of inner monarchy, whose commands are passed along by parents, teachers, and preachers. For many people, the old ways, or what they understand as the old ways, are a powerful source of control. Shifts in patterns of authority are relative, not absolute. Authority is hard to measure. Undoubtedly, some traditional institutions have been loosing or losing their grip, over time. There is considerable discussion, for example, of the fate of family authority. Father’s word may not be ‘law’ anymore, or mother’s, but most children do obey their parents, and they care what their parents think and say. They do their homework and they listen to teacher in school, even if they do not show old-fashioned respect or obey like little Prussians. There are millions of single-parent families and unorthodox families, but they are families nonetheless. The family changes in form, but it is still a great power. Most people, too, follow a definite code of behavior, and it is a fairly traditional one.” – Lawrence M. Friedman, American Law: An Introduction
“My entire life I believed that we’re the good guys, that we’re the world’s leader when it comes to human rights. But that’s no longer who we are, and it saddens me. It scares me. We’re like the Russians in the 1950s and 1960s, like Chile in the 1970s, like Argentina in the 1980s. People are picked up in the middle of the night because somebody said something about them or because they were in the wrong place at the wrong time. And then they disappear.” – George Daly (as quoted by Mario Kaiser in “Death in Camp Delta”)
“The key element in any legal system is behavior—what people actually do. Otherwise rules are nothing but words, and the structures are a ghost town, not a living city.” – Lawrence M. Friedman, American Law: An Introduction
“The central fact of American federalism is worth repeating: the United States is by and large an economic union, by and large a social union, but not a legal union, or at least not completely. State laws are, or can be, rather similar, but this is, first, because the states choose to harmonize their laws, and, second, because conditions in the states are fairly similar. A state is free to be different (if it wishes), within its zone. But since the 1860s, the central government has gotten stronger and stronger, and there has been a steady, marked change in relations between states and the federal government. It is obvious why this took place. Changes in technology and socioeconomic structure paved the way. In the age of e-mail, cyberspace, satellite communication, and jumbo jets, the country is a single entity to an extent undreamed of in 1787. When all is said and done, however, the states still maintain a substantial reservoir of power.” – Lawrence M. Friedman, American Law: An Introduction