
In his a first address on 13 May 1967 as as President of India delivered in the central hall of the Parliament, in: p. 337.
Quest for Truth (1999)
"The Tyranny of Values" (1967)
In his a first address on 13 May 1967 as as President of India delivered in the central hall of the Parliament, in: p. 337.
Quest for Truth (1999)
Preface
The Great Rehearsal (1948)
Context: The most momentous chapter in American history is the story of the making and ratifying of the Constitution of the United States. The Constitution has so long been rooted so deeply in American life — or American life rooted so deeply in it — that the drama of its origins is often overlooked. Even historical novelists, who hunt everywhere for memorable events to celebrate, have hardly touched the event without which there would have been a United States very different from the one that now exists; or might have been no United States at all.
The prevailing conceptions of those origins have varied with the times. In the early days of the Republic it was held, by devout friends of the Constitution, that its makers had received it somewhat as Moses received the Tables of the Law on Sinai. During the years of conflict which led to the Civil War the Constitution was regarded, by one party or the other, as the rule of order or the misrule of tyranny. In still later generations the Federal Convention of 1787 has been accused of evolving a scheme for the support of special economic interests, or even a conspiracy for depriving the majority of the people of their liberties. Opinion has swung back and forth, while the Constitution itself has grown into a strong yet flexible organism, generally, if now and then slowly, responsive to the national circumstances and necessities.
From his speech given on 28 November 1960 at laying the foundation-stone of the building of the Law Institute of India, in: p. 14
Presidents of India, 1950-2003
Rousseau's Theory of the State (1873)
Context: We … have humanity divided into an indefinite number of foreign states, all hostile and threatened by each other. There is no common right, no social contract of any kind between them; otherwise they would cease to be independent states and become the federated members of one great state. But unless this great state were to embrace all of humanity, it would be confronted with other great states, each federated within, each maintaining the same posture of inevitable hostility. War would still remain the supreme law, an unavoidable condition of human survival.
Every state, federated or not, would therefore seek to become the most powerful. It must devour lest it be devoured, conquer lest it be conquered, enslave lest it be enslaved, since two powers, similar and yet alien to each other, could not coexist without mutual destruction.
The State, therefore, is the most flagrant, the most cynical, and the most complete negation of humanity. It shatters the universal solidarity of all men on the earth, and brings some of them into association only for the purpose of destroying, conquering, and enslaving all the rest. It protects its own citizens only; it recognises human rights, humanity, civilisation within its own confines alone. Since it recognises no rights outside itself, it logically arrogates to itself the right to exercise the most ferocious inhumanity toward all foreign populations, which it can plunder, exterminate, or enslave at will. If it does show itself generous and humane toward them, it is never through a sense of duty, for it has no duties except to itself in the first place, and then to those of its members who have freely formed it, who freely continue to constitute it or even, as always happens in the long run, those who have become its subjects. As there is no international law in existence, and as it could never exist in a meaningful and realistic way without undermining to its foundations the very principle of the absolute sovereignty of the State, the State can have no duties toward foreign populations. Hence, if it treats a conquered people in a humane fashion, if it plunders or exterminates it halfway only, if it does not reduce it to the lowest degree of slavery, this may be a political act inspired by prudence, or even by pure magnanimity, but it is never done from a sense of duty, for the State has an absolute right to dispose of a conquered people at will.
This flagrant negation of humanity which constitutes the very essence of the State is, from the standpoint of the State, its supreme duty and its greatest virtue. It bears the name patriotism, and it constitutes the entire transcendent morality of the State. We call it transcendent morality because it usually goes beyond the level of human morality and justice, either of the community or of the private individual, and by that same token often finds itself in contradiction with these. Thus, to offend, to oppress, to despoil, to plunder, to assassinate or enslave one's fellowman is ordinarily regarded as a crime. In public life, on the other hand, from the standpoint of patriotism, when these things are done for the greater glory of the State, for the preservation or the extension of its power, it is all transformed into duty and virtue. And this virtue, this duty, are obligatory for each patriotic citizen; everyone is supposed to exercise them not against foreigners only but against one's own fellow citizens, members or subjects of the State like himself, whenever the welfare of the State demands it.
This explains why, since the birth of the State, the world of politics has always been and continues to be the stage for unlimited rascality and brigandage, brigandage and rascality which, by the way, are held in high esteem, since they are sanctified by patriotism, by the transcendent morality and the supreme interest of the State. This explains why the entire history of ancient and modern states is merely a series of revolting crimes; why kings and ministers, past and present, of all times and all countries — statesmen, diplomats, bureaucrats, and warriors — if judged from the standpoint of simple morality and human justice, have a hundred, a thousand times over earned their sentence to hard labour or to the gallows. There is no horror, no cruelty, sacrilege, or perjury, no imposture, no infamous transaction, no cynical robbery, no bold plunder or shabby betrayal that has not been or is not daily being perpetrated by the representatives of the states, under no other pretext than those elastic words, so convenient and yet so terrible: "for reasons of state."
Texas v. White, 7 Wallace, 725 (1869)
(1989, p. ix-x); as cited in: Patrick Overeem, "The Concept of Regime Values Are Revitalization and Regime Change Possible?." The American Review of Public Administration 45.1 (2015): 46-60.
Ethics for bureaucrats, 1988
17 U.S. (4 Wheaton) 316, 406-407
McCulloch v. Maryland (1819)
Context: [T]he Government of the Union, though limited in its powers, is supreme within its sphere of action. This would seem to result necessarily from its nature. It is the Government of all; its powers are delegated by all; it represents all, and acts for all. Though any one State may be willing to control its operations, no State is willing to allow others to control them. The nation, on those subjects on which it can act, must necessarily bind its component parts. But this question is not left to mere reason; the people have, in express terms, decided it by saying, [p406] "this Constitution, and the laws of the United States, which shall be made in pursuance thereof," "shall be the supreme law of the land," and by requiring that the members of the State legislatures and the officers of the executive and judicial departments of the States shall take the oath of fidelity to it. The Government of the United States, then, though limited in its powers, is supreme, and its laws, when made in pursuance of the Constitution, form the supreme law of the land, "anything in the Constitution or laws of any State to the contrary notwithstanding."
1850s, The Present Aspect of the Slavery Question (1859)
Context: Our fathers, therefore, were fully alive to the scope of their words and their work; and thus, as I believe, the Constitution of the United States, in its essential spirit and intention, recognizes the essential manhood of Dred Scott as absolutely as it does that of the President, of the Chief Justice, or of any Senator of the United States. I think I have not unfairly stated the spirit of the age, the sentiments of the fathers, and the original doctrine of this government upon the question of slavery. The system was recognized by law, but it was considered an evil which Time was surely removing. And, as if to put this question at rest forever, to show that the framers of this government did not look forward to a continuance of slavery, Mr. Stephens of Georgia, the most sagacious of the living slavery leaders, says, in June of this year, 'The leading public men of the South, in our early history, were almost all against it. Jefferson was against it. This I freely admit, when the authority of their names is cited. It was a question which they did not, and perhaps could not, thoroughly understand at that time'.
Dissent on Supreme Court same-sex marriage ruling — Obergefell v. Hodges, 576 U.S. ___ (2015)