“To deny political equality is to rob the ostracised of all self-respect; of credit in the market place; of recompense in the world of work; of a voice among those who make and administer the law; a choice in the jury before whom they are tried, and in the judge who decides their punishment.”

— Elizabeth Cady Stanton

Solitude of Self (1892)

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Elizabeth Cady Stanton 42

Suffragist and Women's Rights activist 1815–1902

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“The wishes of every human man are, that guilt may not be fixed upon any man; but I confess I am one of those who have not the weakness—which weakness, a Judge at least, and a jury, must get rid of, before they fit themselves to fill the respective stations which they are to fill in the administration of the justice of the country— I say, therefore, I am not one of those who wish under false compassion, inconsistent with the administration of criminal justice, that a person on whom guilt is fairly fixed, should escape the punishment which the law annexes to his guilt.”

Lloyd Kenyon, 1st Baron Kenyon (1732–1802) British Baron

Stone's Case (1796), 25 How. St. Tr. 1423.

“Your thought describes laws, courts, judges, punishments. Mine explains that when man makes a law, he either violates it or obeys it. If there is a basic law, we are all one before it. He who disdains the mean is himself mean. He who vaunts his scorn of the sinful vaunts his disdain of all humanity.”

Khalil Gibran (1883–1931) Lebanese artist, poet, and writer

Your Thought and Mine

“Of course, the power and authority of courts — whether to improperly take policymaking power for themselves or to engage in legitimate decision making — is dependent upon the weight of their judgment. That is, it depends on their credibility with the public and the other branches of government. Judicial decisions are obeyed, in large part, because the judgment of the federal Judiciary is respected. But it is perhaps underappreciated that when courts apply an activist philosophy that stretches the law to suit policy preferences, they actually reduce the credibility and authority of the Judiciary. In so doing, they undermine the rule of law that strengthens our democracy. In contrast, a judge who humbly understands the role of the courts in our tripartite system of government decides cases based on neutral principles. He generally defers to the judgment of the political branches, and respects precedent – the collective wisdom of those who have gone before. In so doing, that judge strengthens respect for the Judiciary, upholds the rule of law, and permits the people — through their elected representatives — to make choices about the issues of the day.”

Alberto Gonzales (1955) 80th United States Attorney General

Speech to American Enterprise Institute (January 17, 2007)

“Those who cherish their freedom and recognize and respect the equal right of their neighbors to be free and live in peace must work together for the triumph of law and moral principles in order that peace, justice, and confidence may prevail in the world.”

Franklin D. Roosevelt (1882–1945) 32nd President of the United States

1930s, Quarantine Speech (1937)
Context: Those who cherish their freedom and recognize and respect the equal right of their neighbors to be free and live in peace must work together for the triumph of law and moral principles in order that peace, justice, and confidence may prevail in the world. There must be a return to a belief in the pledged word, in the value of a signed treaty. There must be recognition of the fact that national morality is as vital as private morality.

“Judges should always behave judicially by adjudicating, never politically by legislating. I leave policy to policymakers. They’re preeminent, but they’re not omnipotent. In other words, lawmakers decide if laws pass, but judges decide if laws pass muster. There’s a fateful difference between activist judges who concoct rights and active judges who dutifully protect the rights our Framers actually enshrined.”

Don Willett (1966) American judge

Online and on the Bench, the ‘Tweeter Laureate of Texas’ Is All About Judicial Engagement (September 17, 2015)

“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.”

John Marshall Harlan (1833–1911) United States Union Army officer and Supreme Court Associate Justice

1890s, Plessy v. Ferguson (1896)
Context: 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 guaranteed by the supreme law of the land are involved.

“The notion that human interaction could spontaneously and autonomously achieve a stable, orderly, self-sustaining form of equilibrium in the absence of government intervention—what François Quesnay and the first school of économistes dubbed un ordre naturel in the late 1750s—has facilitated a conception of the market as a self-regulating system that could only prosper by purging itself of the prejudicial meddling of governments and politics. In the face of this new conception of an orderly market, governance would be relegated outside that autonomous space, charged with the responsibility of policing and punishing those who deviate—those who do not see the natural laws or, in more technical jargon, who bypass the market.”

Bernard Harcourt (1963) American academic

Source: The Illusion of Free Markets: Punishment and the Myth of Natural Order (2011), p. 241

“Government cannot make us equal; it can only recognize, respect, and protect us as equal before the law”

Clarence Thomas (1948) Associate Justice of the Supreme Court of the United States

Concurring in Adarand v. Pena, 515 U.S. 200 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=U10252&friend=oyez (1995).
1990s
Context: [I disagree] that there is a racial paternalism exception to the principle of equal protection. I believe that there is a 'moral [and] constitutional equivalence,' between laws designed to subjugate a race and those that distribute benefits on the basis of race in order to foster some current notion of equality. Government cannot make us equal; it can only recognize, respect, and protect us as equal before the law.

“Does the Minister agree that now is the time to repeal the emergency legislation and give the right to a jury trial to everyone in Northern Ireland—a right that has been denied to them for nearly 15 years or more? Does he agree that it is a fundamental right of all citizens that they should have an opportunity, if they are indicted on a serious charge, to appear before a jury, not before the fundamentally unfair system of a judge sitting with no jury and making decisions?”

Jeremy Corbyn (1949) British Labour Party politician

Question http://hansard.millbanksystems.com/commons/1995/feb/16/jury-trials in the House of Commons (16 February 1995).
1990s

“I propose that it shall be no longer malum in se for a citizen to pummel, cowhide, kick, gouge, cut, wound, bruise, maim, burn, club, bastinado, flay, or even lynch a [government] jobholder, and that it shall be malum prohibitum only to the extent that the punishment exceeds the jobholder’s deserts. The amount of this excess, if any, may be determined very conveniently by a petit jury, as other questions of guilt are now determined. The flogged judge, or Congressman, or other jobholder, on being discharged from hospital — or his chief heir, in case he has perished — goes before a grand jury and makes a complaint, and, if a true bill is found, a petit jury is empaneled and all the evidence is put before it. If it decides that the jobholder deserves the punishment inflicted upon him, the citizen who inflicted it is acquitted with honor. If, on the contrary, it decides that this punishment was excessive, then the citizen is adjudged guilty of assault, mayhem, murder, or whatever it is, in a degree apportioned to the difference between what the jobholder deserved and what he got, and punishment for that excess follows in the usual course.”

H.L. Mencken (1880–1956) American journalist and writer

"The Malevolent Jobholder," The American Mercury (June 1924), p. 156
1920s

“To deny political equality is to rob the ostracised of all self-respect; of credit in the market place; of recompense in the world of work; of a voice among those who make and administer the law; a choice in the jury before whom they are tried, and in the judge who decides their punishment.”

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Elizabeth Cady Stanton 42

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