Category: The American Constitution
“Now the commencement speakers will typically also wish you good luck and extend good wishes to you. I will not do that, and I’ll tell you why. From time to time in the years to come, I hope you will be treated unfairly, so that you will come to know the value of justice. I hope that you will suffer betrayal because that will teach you the importance of loyalty. Sorry to say, but I hope you will be lonely from time to time so that you don’t take friends for granted. I wish you bad luck, again, from time to time so that you will be conscious of the role of chance in life and understand that your success is not completely deserved and that the failure of others is not completely deserved either. And when you lose, as you will from time to time, I hope every now and then, your opponent will gloat over your failure. It is a way for you to understand the importance of sportsmanship. I hope you’ll be ignored so you know the importance of listening to others, and I hope you will have just enough pain to learn compassion. Whether I wish these things or not, they’re going to happen. And whether you benefit from them or not will depend upon your ability to see the message in your misfortunes.” —John Roberts, United States Supreme Court Chief Justice, at his son’s 9th grade commencement, June, 2017
“Ethical people are ethical at the core. That identifies who they are. Ethics cannot be engaged and disengaged at will.” – William C. Stewart, Jr., Subrogation Recovery: Principles and Practices
“When people do not understand something, they tend to take a negative view of it and assume the worst.” – Justice Michael B. Hyman, Wing v. Chicago Transit Authority, 2016 IL App (1st) 153517 (Dec. 29, 2016)
“A court abuses its discretion when it fails to exercise any discretion.” – Justice Mark Cady, State v. Hager (Iowa 2001)
“When the plain language of two statutes is conflicting, courts will attempt to construe them together if such a construction is reasonable. With that said, legislative intent remains paramount. To that end, the more specific statute controls over the general statute, and the more recently enacted statute prevails over the older statute.” – Justice Terrence J. Lavin, Wells Fargo Bank Minnesota v. Envirobusiness Inc., 2014 IL App (1st) 133575 (Nov. 5, 2014)
“A victory for the wrong reason is still a victory.” – Practitioner’s Handbook for Appeals to the United States Court of Appeals for the Seventh Circuit, 2014 ed.
“A master is not justified in putting his tow to every test which she will survive, if she be fit. There is a zone in which proper caution will avoid putting her capacity to the proof; a coefficient of prudence that he should not disregard.” – Judge Learned Hand, The T. J. Hooper, Circuit Court of Appeals, Second Circuit, 1932
“The morning of the election I thought about what it means to vote for a woman. Voting for a woman felt like voting for respect, for tolerance, for justice, for peace, for empathy, for righteousness, for equality, for color, for movement, for understanding, for listening, for strength, for kindness, for hope, for openness, for braveness, for black lives, for gay rights, for emotion, for feeling, for spirit, for heart, for story, for making, for holding, for inclusivity, for love.” – Anna Dunn, “Lines of Resistance”
“When a person exercises a common right, without negligence or malice, to render such action a nuisance, and therefore to hold the defendant liable, it must be such an act in itself as to be a nuisance to all or to a majority of the persons living in the neighborhood, and not simply, by exceptional circumstances, to one person.” – Supreme Judicial Court of Massachusetts, Rogers v. Elliott, 146 Mass. 349 (1888)
“There had been a deep and unsubtle optimism among Americans. The Great Depression and Pearl Harbor created a different sensibility that suspected that prosperity and security were an illusion, with disaster lurking behind them. There was a fear that everything could suddenly go wrong, horribly so, and that people who simply accepted peace and prosperity at face value were naïve. The two shocks created a dark sense of foreboding that undergirds American society to this day.” – George Friedman, “World War II and the Origins of American Unease”
“If there is a choice in explaining a government action between a Machiavellian, clever, ingenious plot to achieve that result and sort of blind, bumbling, well-meant incompetence, choose number two all the time.” – Admiral Dennis Blair, Director of National Intelligence (interviewed by Kathy Gilsinan in The Atlantic)
“When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power. Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts. And the law is the definition and limitation of power. It is, indeed, quite true that there must always be lodged somewhere, and in some person or body, the authority of final decision; and in many cases of mere administration, the responsibility is purely political, no appeal lying except to the ultimate tribunal of the public judgment, exercised either in the pressure of opinion, or by means of the suffrage. But the fundamental rights to life, liberty, and the pursuit of happiness, considered as individual possessions, are secured by those maxims of constitutional law which are the monuments showing the victorious progress of the race in securing to men the blessings of civilization under the reign of just and equal laws, so that, in the famous language of the Massachusetts bill of rights, the government of the commonwealth ‘may be a government of laws and not of men.’ For the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself.” – United States Supreme Court, Wo v. Hopkins
“The fourteenth amendment to the constitution is not confined to the protection of citizens. It says: ‘Nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.’ These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality; and the equal protection of the laws is a pledge of the protection of equal laws.” – United States Supreme Court, Wo v. Hopkins
“The hope of mankind does not lie in the action of any corporate body, be it ever so powerful, but in the influence of individual men and women who for the sake of a greater have sacrificed a lesser aim.” – Kenneth Walker, Diagnosis of Man
“In the Year of Our Lord 1682
To ye aged and beloved, Mr. John Higginson:
There be now at sea a ship called Welcome, which has on board 100 or more of the heretics and malignants called Quakers, with W. Penn, who is the chief scamp, at the head of them. The General Court has accordingly given sacred orders to Master Malachi Huscott, of the brig Porpoise, to waylay the said Welcome slyly as near the Cape of Cod as may be, and make captive the said Penn and his ungodly crew, so that the Lord may be glorified and not mocked on the soil of this new country with the heathen worship of these people. Much spoil can be made of selling the whole lot to Barbadoes, where slaves fetch good prices in rum and sugar and we shall not only do the Lord great good by punishing the wicked, but we shall make great good for His Minister and people.
Yours in the bowels of Christ,
Cotton Mather”
– quoted by Dr. Karl Menninger in Love Against Hate
“America has no real alternative to continuing imperial decline: the big questions are simply how fast and how peacefully. The problem is that the arms industries will fund any and every Presidential candidate and, whoever wins, those industries will demand to be fed. It is unclear, though, whether Americans at large are willing to accept the sacrifices this may entail. As the American debt grows, the choice will become stark: paying off the debt—or, mare realistically, never paying more than the interest on the debt—will require either large tax increases, or a deep recession, or a huge inflation. The American public will vote for inflation as the least painful solution: somewhere out there in the years to come there is a giant inflation of almost Weimar proportions waiting to happen. But the banks will hate that, as will virtually all the other business interests (including the arms manufacturers) who are full voting members of the American democracy.” – E. G. Johnson, Heroes and Villains
“What is free speech supposed to be free from? Political and legal restrictions, presumably. But commercial fraud, libel, perjury, declaiming in a stranger’s living room, and shouting ‘Fire!’ in a crowded theater are all uncontroversially restricted forms of speech, whose boundaries are nevertheless sometimes contested. Those contests are resolved—and hence the boundaries of ‘free’ speech are determined—legally and politically: not once and for all, through metaphysical discovery, but contingently and revisably, through democratic deliberation.” – George Scialabba, “There’s No Such Thing as Free Speech”
“There is a schizophrenia about the power of the press. At times, we still think of it as an objective bystander, narrating events—and many of its leading practitioners portray it this way. In American democracy, however, the press is part of the policy process. As Washington reporters from top newspapers and the networks know well, their personal ability to move the wheels of government equals that of almost anyone in the stone and concrete piles that line Pennsylvania and Independence Avenues. The physicist Werner Heisenberg famously noted that observation changes matter at the subatomic level; it does so every bit as much at the political level.” – Daniel Benjamin and Steven Simon, The Age of Sacred Terror
“There are few more durable illusions in American life than the omnipotent presidency. For fear of appearing weak, incumbents rarely draw attention to the minimal powers accorded them by the Constitution and established practices of American government. Their critics in Congress and the public avoid mentioning this inconvenient fact because letting the executive off the hook never serves their purposes. Yet anyone who has worked in the White House knows that the office has remarkably little real power, not only when it comes to dealing with Congress and the judiciary but also in running the vast, unwieldy contraption that is the executive branch. A President relies on the loyalty of his appointees in the agencies to overcome the inertia and ingrained predilections of civil servants and the uniform military.” – Daniel Benjamin and Steven Simon, The Age of Sacred Terror
“Let Us take Warning and give it to our Children. Whenever Vanity, and Gaiety, a Love of Pomp and Dress, Furniture, Equipage, Buildings, great Company, expensive Diversions, and elegant Entertainments get the better of the Principles and Judgments of Men or Women there is no knowing where they will stop, nor into what Evils, natural, moral, or political, they lead us.” – John Adams, letter to Abigail Adams, April 14, 1776
“Credulity and the Want of Foresight, are Imperfections in the human Character, that no Politician can sufficiently guard against.” – John Adams, letter to Abigail Adams, April 14, 1776
“In the new Code of Laws which I suppose it will be necessary for you to make I desire you would Remember the Ladies, and be more generous and favourable to them than your ancestors. Do not put such unlimited power into the hands of the Husbands. Remember all Men would be tyrants if they could. If perticuliar care and attention is not paid to the Ladies we are determined to foment a Rebellion, and will not hold ourselves bound by any Laws in which we have no voice, or Representation. That your Sex are Naturally Tyrannical is a Truth so thoroughly established as to admit of no dispute, but such of you as wish to be happy willingly give up the harsh title of Master for the more tender and endearing one of Friend. Why then, not put it out of the power of the vicious and the Lawless to use us with cruelty and indignity with impunity. Men of Sense in all Ages abhor those customs which treat us only as the vassals of your Sex. Regard us then as Beings placed by providence under your protection and in imitation of the Supreme Being make use of that power only for our happiness.” – Abigail Adams, letter to John Adams, March 31, 1776
“The Declaration of Independence was written with a feather.” – Dean Young, “Believe in Magic?”
“Of all the rights of the citizen, few are of greater importance or more essential to his peace and happiness than the right of personal security, and that involves, not merely protection of his person from assault, but exemption of his private affairs, books, and papers, from the inspection and scrutiny of others. Without the enjoyment of this right, all others would lose half their value.” – Justice Field, In re Pacific Railway Commission, 32 Fed. 241
“Experience should teach us to be most on our guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” – Justice Louis Brandeis, Olmsted v. United States, 277 U.S. 438 (1928)
“The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man’s spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone — the most comprehensive of rights and the right most valued by civilized men.” – Justice Louis Brandeis, Olmsted v. United States, 277 U.S. 438 (1928)
“The limits on defamation actions for statements made about public figures exist because of concerns for free speech. False statements are bound to be made in the course of vigorous public debate. One of the prerogatives of American citizenship is the right to criticize public men and measures. Such criticism, inevitably, will not always be reasoned or moderate; public figures will be subject to vehement, caustic, and sometimes unpleasantly sharp attacks. While false assertions have little value, imposing liability for all false statements relating to public figures would have a chilling effect on speech about public figures, and freedoms of expression require breathing room. Without limitations on defamation actions, destructive self-censorship would occur limiting free speech. Given the importance of the free and open exchange of ideas, a public figure is prohibited from recovering damages for defamatory criticism unless there is clear and convincing evidence the defamatory statement was made with actual malice.” – Justice Crothers, Riemers v. Mahar (internal quotes and citations omitted)
“I am guilty of the most serious crimes you can be guilty of in America: I was born poor and black” – Ralph Poynter (as quoted by Jean Stevens in “In Defense Of”)
“The minute you read something and you can’t understand it, you can almost be sure that it was drawn up by a lawyer. Then if you give it to another lawyer to read and he don’t know just what it means, why then you can be sure it was drawn up by a lawyer.” – Will Rogers (as quoted by Judge Mark P. Painter in “Legal Writing 201”)
“A litigation system must be workable. It does little to advance underlying policy goals to have a system that is too complex for trial courts and jurors—who in the last analysis are linchpins in our litigation system—to implement.” – Kenneth S. Abraham and Albert Clark Tate, Jr., compilers, A Concise Restatement of Torts