“The architects that preceded us in ceaseless labor, life after life, built on the inherited acropolis of law a constitutional structure ever-changing, ever enduring, unfinished, in parts neglected and decaying, obdurate yet imagined. Their legacy resides in the methods by which, case by case, generation by generation, the barriers of law channel the tumults of politics and power toward justice and equality, and away from violence and cruel oppression. Their genius was to deliver to us a temple whose innermost chamber contains a question. They could not decide for us, but they could give us the ways our decisions are assessed and explained. Having mastered the ways of the law that they taught us, we must in the end find our own answers to the awesome questions that mastery poses but cannot resolve. Someday, if we’re lucky, our descendants will struggle as we do with such decisions. Will they make them according to law or will they sell, or barter, or give them away to those who are only too happy to decide without having to explain?” – Philip C. Bobbitt, “Impeachment: A Handbook”
Category: The American Constitution
“The public interest in preserving the sanctity of the family is a significant public interest.” — Judge Stephan C. Hansbury, Superior Court of New Jersey, in K.A. and K.I.A v. J.L.
“Whatever else may or may not be open to him on appeal, a defendant who elects to represent himself cannot thereafter complain that the quality of his own defense amounted to a denial of effective assistance of counsel.” – Justice Potter Stewart, Faretta v. California, 1975
“The interest of the State in a criminal prosecution is not that it shall win a case, but that justice shall be done.” – Justice Harry Blackmun, Faretta v. California, 1975
“Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence. If that be true of men of intelligence, how much more true is it of the ignorant and illiterate, or those of feeble intellect.” – Justice George Sutherland, Powell v. Alabama, 1932
“The plaintiff was incarcerated with the Department of Corrections beginning in 1982. Upon admission, he was given a medical examination. The examination revealed the plaintiff was in good health and had no communicable diseases or infections. In March of 1989, the plaintiff was diagnosed with hepatitis B. One year later, he tested positive for tuberculosis.” – McNeil v. Carter, Appellate Court of Illinois, 2001
“Examination of New Mexico statutes reveals a strong public policy that defendants have a duty to appoint and retain only mentally stable police officers.” – Judge Apodaca, Narney v. Daniels, Court of Appeals of New Mexico, 1992
“Ulysses is an amazing tour de force when one considers the success which has been in the main achieved with such a difficult objective as Joyce set for himself. . . . [It] is not an easy book to read. It is brilliant and dull, intelligible and obscure by turns. In many places it seems to me to be disgusting, but although it contains . . . many words usually considered dirty, I have not found anything that I consider to be dirt for dirt’s sake. Each word of the book contributes like a bit of mosaic to the detail of the picture which Joyce is seeking to construct for his readers. If one does not wish to associate with such folk as Joyce describes, that is one’s own choice. In order to avoid indirect contact with them one may not wish to read Ulysses; that is quite understandable. But when such a real artist in words, as Joyce undoubtedly is, seeks to draw a true picture of the lower middle class in a European city, ought it to be impossible for the American public legally to see that picture?” – John M. Woolsey, United States District Judge, December 6, 1933
“Unlike natural persons, corporations have limited liability for their owners and managers, perpetual life, separation of ownership and control, and favorable treatment of the accumulation and distribution of assets that enhance their ability to attract capital and to deploy their resources in ways that maximize the return on their shareholders’ investments. Unlike voters in U.S. elections, corporations may be foreign controlled. Unlike other interest groups, business corporations have been effectively delegated responsibility for ensuring society’s economic welfare; they inescapably structure the life of every citizen. It might also be added that corporations have no consciences, no beliefs, no feelings, no thoughts, no desires. Corporations help structure and facilitate the activities of human beings, to be sure, and their personhood often serves as a useful legal fiction. But they are not themselves members of We the People by whom and for whom our Constitution was established.” – Justice John Paul Stevens, United States Supreme Court, Citizens United v. Federal Election Commission (internal quotes and citations omitted)
“A democracy cannot function effectively when its constituent members believe laws are being bought and sold.” – Justice John Paul Stevens, United States Supreme Court, Citizens United v. Federal Election Commission
“Speech is an essential mechanism of democracy, for it is the means to hold officials accountable to the people.” — Justice Anthony Kennedy, United States Supreme Court, Citizens United v. Federal Election Commission
“When a court subjects governmental action to strict scrutiny, it cannot construe ambiguities in favor of the government.” – United States Supreme Court, Parents Involved in Community Schools v. Seattle School District No. 1
“The rules of civil procedure are to be liberally construed to promote justice and to minimize the number of cases disposed of on procedural questions.” – Judge Kent E. Karohl, Jos. A. Bank Clothiers, Inc. v. Brodsky, 950 S.W.2d 297 (1997)
“Within these days past, I have marched by 18 or 20 Negroes that lay dead by the way-side, putrifying with the small pox. How such a thing came about, appears to be thus: The Negroes here being much disaffected (arising from their harsh treatment), flock’d in great numbers to [British General Lord] Cornwallis, as soon as he came into these parts. The artful general takes a number of them (several hundreds), innoculates them, & just as they all are growing sick, he sends them out into the country where our troops had to pass & repass. These poor creatures, having no care taken of them, many crawl’d into the bushes about & died, where they lay infecting the air around with intolerable stench & great danger. This is a piece of Cornwallisean cruelty. He is not backward to own that he has inoculated 4 or 500 in order to spread smallpox thro’ the country, & sent them out for that purpose.” – Josiah Atkins, “Diary, June 24th, 1781,” (from The American Revolution: Writings from the War on Independence, ed. John Rhodehamel; emphases in original)
“Some men in these parts, they tell me, own 30,000 acres of land for their patrimony, & many have two or 300 Negroes to work on it as slaves. Alas! That persons who pretend to stand for the rights of mankind for the liberties of society, can delight in oppression, & that even of the worst kind! These poor creatures are enslav’d: not only so, but likewise deprived of that which nature affords even to the beasts. Many are almost without provision, having very little for support of nature; & many are as naked as they came into the world. What pray is this but the strikingly inconsistent character pointed out by the apostle, While they promise them liberty, they themselves are the servants of corruption!” – Josiah Atkins, “Diary, June 6th, 1781,” (from The American Revolution: Writings from the War on Independence, ed. John Rhodehamel; emphases in original)
“The contempt we have been taught to entertain for the blacks, makes us fancy many things that are founded neither in reason nor experience . . . the dictates of humanity and true policy equally interest me in favour of this unfortunate class of men.” – Alexander Hamilton to John Jay, March 14th, 1779 (from The American Revolution: Writings from the War on Independence, ed. John Rhodehamel)
“It is a maxim with some great military judges, that with sensible officers soldiers can hardly be too stupid; and on this principle it is thought that the Russians would make the best troops in the world, if they were under other officers than their own. . . . I frequently hear it objected to the scheme of embodying negroes that they are too stupid to make soldiers. This is so far from appearing to me a valid objection that I think their want of cultivation (for their natural faculties are probably as good as ours) joined to that habit of subordination which they acquire from a life of servitude, will make them sooner become soldiers than our White inhabitants. Let officers be men of sense and sentiment, and the nearer the soldiers approach to machines perhaps the better.” – Alexander Hamilton to John Jay, March 14th, 1779 (from The American Revolution: Writings from the War on Independence, ed. John Rhodehamel)
“What the media have done is to create a new electronic peasantry. The experiment with democratization through mass education has failed, and the message of civilization, in achieving its widest audience, has moved toward entropy.” – William Irwin Thompson, Darkness and Scattered Light
“The Negro’s and Negro Women are unhumanly treated, are two-thirds naked, and are very disgusting to the Eye and another Sense, Tho I begin to be more habituated to the Sight, yet I cannot be to the great Cruelty made Use of to the poor ignorant Wretches. Indeed the Title of the Overseer is a sufficient Explanation of the Whole. He is stiled a Negro Driver. These circumstances of Cruelty to these People render the persons who exercise it disagreable, nay odious to me. When a Set of People can sit down enjoying all the Luxuries of Life without feeling the least Sensation or Compunction for the sufferings of those poor Wretches whose Lives are render’d Miserable and Constitutions destroyed for those Purposes, I must conclude them Obdurate, Selfish, and Unfeeling to the greatest Degree imaginable. At what an Expence of Life and Happiness do we eat Rice and Sugar! One thing more I must add, that their Diet is almost entirely on Rice and sweet Potatoes as they are allowed Meat but once a Year.” – Stephen De Lancey to Cornelia Barclay De Lancey, Savannah, Georgia, January 14th, 1779 (from The American Revolution: Writings from the War on Independence, ed. John Rhodehamel)
“The separation of authority from power is not easily understood in terms of American culture. We based a whole revolution on rejecting European authority and power and lumped geniuses, lords, and cardinals all together into one untrustworthy group. It is, therefore, an historical irony that the country that rejected kings and crowns ended up by idolizing the Presidency and allowed the holder of the office to become more powerful than any Caesar.” – William Irwin Thompson, Passages About Earth
What is it good forWhat is it good for
“A war doesn’t merely kill off a few thousand or a few hundred thousand young men. It kills off something in a people that can never be brought back. And if a people goes through enough wars, pretty soon all that’s left is the brute, the creature that we—you and I and others like us—have brought up from the slime.” – John Williams, Stoner
Body attachmentBody attachment
“No woman can call herself free who does not own and control her own body. No woman can call herself free until she can choose conscientiously whether she will or will not be a mother.” – Margaret Sanger, Woman and the New Race
Matters of equityMatters of equity
“Seamen are a class of persons remarkable for their rashness, thoughtlessness, and improvidence. They are generally necessitous, ignorant of the nature and extent of their own rights and privileges, and for the most part incapable of duly appreciating their value. They combine, in a singular manner, the apparent anomalies of gallantry, extravagance, profusion in expenditure, indifference to the future, credulity, which is easily won, and confidence, which is readily surprised. Hence it is, that bargains between them and ship-owners, the latter being persons of great intelligence and shrewdness in business, are deemed open to much observation and scrutiny; for they involve great inequality of knowledge, of forecast, of power, and of condition. Courts of Admiralty on this account are accustomed to consider seamen as peculiarly entitled to their protection; so that they have been, by a somewhat bold figure, often said to be favorites of Courts of Admiralty. In a just sense they are so, so far as the maintenance of their rights, and the protection of their interests against the effects of the superior skill and shrewdness of masters and owners of ships are concerned.” – Justice Joseph Story, Brown v. Lull
He could be presidentHe could be president
“How miserable that man is that Governes a People where six parts of seaven at least are Poore Endebted Discontented and Armed.” – Governor William Berkeley (quoted by Howard Zinn in A People’s History of the United States)
The principle of the interestThe principle of the interest
“It is a maxim founded on the universal experience of mankind, that no nation is to be trusted farther than it is bound by its interest; and no prudent statesman or politician will venture to depart from it.” – George Washington, “Letter to Henry Laurens, November 14, 1778″
Always look on the bright side of lifeAlways look on the bright side of life
“The human mind is always poring upon the gloomy side of Fortune, and while it inhabits this lump of Clay, will always be in an uneasy and fluctuating State, produced by a thousand Incidents in common Life, which are deemed misfortunes, while the mind is taken off from the nobler pursuit of matters in Futurity. The sufferings of the Body naturally gain the Attention of the Mind, and this Attention is more or less strong, in greater or lesser souls, altho’ I believe that Ambition & a high Opinion of Fame, makes many People endure hardships and pains with that fortitude we after times Observe them to do. On the other hand, a despicable opinion of the enjoyments of this Life, by a continued series of Misfortunes, and a long acquaintance with Grief, induces others to bear afflictions with becoming serenity and Calmness. It is not in the power of Philosophy, however, to convince a man he may be happy and Contented if he will, with a Hungry Belly. Give me Food, Cloaths, Wife & Children, kind Heaven! and I’ll be as contented as my Nature will permit me to be.” – Albigence Waldo, Diary, December 15, 1777, Valley Forge, Pennsylvania (emphasis in original)
Go hungry and see how good everything tastesGo hungry and see how good everything tastes
“Mankind are never truly thankfull for the Benefits of life, until they have experienc’d the want of them. The Man who has seen misery knows best how to enjoy good. He who is always at ease & has enough of the Blessings of common life is an Impotent Judge of the feelings of the unfortunate.” – Albigence Waldo, Diary, December 15, 1777
When the war was youngWhen the war was young
“I am Sick—discontented—and out of humour. Poor food—hard lodging—Cold Weather—fatigue—Nasty Cloaths—nasty Cookery—Vomit half my time—smoak’d out of my senses—the Devil’s in’t—I can’t Endure it—Why are we sent here to starve and Freeze—What sweet Felicities have I left at home; A charming Wife—pretty Children—Good Beds—good food—good Cookery—all agreeable—all harmonious. Here all Confusion—smoke & Cold—hunger & filthyness—A pox on my bad luck. There comes a bowl of beef soup—full of burnt leaves and dirt, sickish enough to make a Hector spue—away with it Boys—I’ll live like the Chameleon upon Air.” – Albigence Waldo, Diary, December 14, 1777
So high, you can’t get over itSo high, you can’t get over it
“I really am of opinion that there is few of the young fellows of the modern age exempt from vanity, more especially those who are bless’d with exterior graces. If they have a fine pair of eyes they are ever rolling them about a fine set of teeth, mind they are great laughers, a genteel person, for ever changing their attitudes to shew them to advantage, oh vanity! vanity! how boundless is thy sway!” – Sarah Wister, Journal, December 12th, 1777 (spelling, usage, and punctuation in original)
some people thinksome people think
“some people my dear think that there’s no difference between good nature and good humour. but according to my opinion they differ widely good nature consists in a naturally amiable and even disposition free from all peevishness and fretting, it is accompany’d by a natural gracefulness a manner of doing and saying everything agreably, in short it steals the senses and captivates the heart. good humour. consists in being pleas’d and who wou’d thank a person for being chearful if they had nothing to make them other ways, good humour is a very agreable companion for an afternoon but give me good nature for life.” – Sarah Wister, Journal, November 1st, 1777 (spelling, usage, and punctuation in original)