Board of County Commissioners, Wabaunsee County, Kansas, v. Umbehr, 518 U.S. 668 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=U20028&friend=oyez, No. 94-1654 (1996, dissenting); decided June 28, 1996.
1990s
“This overweening addiction to the courtroom as the place to debate social policy is bad for the country and bad for the judiciary. In the legislative arena, especially when the country is closely divided, compromises tend to be the rule the day. But when judges rule this or that policy unconstitutional, there’s little room for compromise: One side must win, the other must lose. In constitutional litigation, too, experiments and pilot programs — real-world laboratories in which ideas can be assessed on the results they produce — are not possible. Ideas are tested only in the abstract world of legal briefs and lawyers arguments. As a society, we lose the benefit of the give-and-take of the political process and the flexibility of social experimentation that only the elected branches can provide.”
Liberals’N’Lawsuits http://www.nationalreview.com/article/213590/liberalsnlawsuits-joseph-6 (February 7, 2005)
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Neil Gorsuch 3
Associate Justice of the Supreme Court of the United States 1967Related quotes
Source: Simone Weil : An Anthology (1986), The Power of Words (1937), p. 224
Context: What a country calls its vital economic interests are not the things which enable its citizens to live, but the things which enable it to make war; petrol is much more likely than wheat to be a cause of international conflict. Thus when war is waged it is for the purpose of safeguarding or increasing one's capacity to make war. International politics are wholly involved in this vicious cycle. What is called national prestige consists in behaving always in such a way as to demoralize other nations by giving them the impression that, if it comes to war, one would certainly defeat them. What is called national security is an imaginary state of affairs in which one would retain the capacity to make war while depriving all other countries of it. It amounts to this, that a self-respecting nation is ready for anything, including war, except for a renunciation of its option to make war. But why is it so essential to be able to make war? No one knows, any more than the Trojans knew why it was necessary for them to keep Helen. That is why the good intentions of peace-loving statesman are so ineffectual. If the countries were divided by a real opposition of interests, it would be possible to arrive at a satisfactory compromise. But when economic and political interests have no meaning apart from war, how can they be peacefully reconciled?
At the ACLU Wisconsin's 2009 Bill of Rights Celebration (February 23, 2009)
No Compromise – No Political Trading (1899)
About Democracy
in Public Choice Ignorance Everywhere http://athousandnations.com/2010/11/09/public-choice-ignorance-everywhere/, November 2010
1850s, The Present Aspect of the Slavery Question (1859)
Broadcast (4 November 1956) on the Suez Crisis, quoted in The Times (5 November 1956), p. 4