“The power of the Executive to cast a man in prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers is in the highest degree odious and is the foundation of all totalitarian government, whether Nazi or Communist.”

— Winston S. Churchill, book The Second World War

In a telegram (November 21, 1942) by Churchill from Cairo, Egypt to Home Secretary Herbert Morrison; cited in In the Highest Degree Odious (1992), Simpson, Clarendon Press, p. 391
The Second World War (1939–1945)
Context: You might however consider whether you should not unfold as a background the great privilege of habeas corpus and trial by jury, which are the supreme protection invented by the English people for ordinary individuals against the state. The power of the Executive to cast a man in prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers is in the highest degree odious and is the foundation of all totalitarian government, whether Nazi or Communist.

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "The power of the Executive to cast a man in prison without formulating any charge known to the law, and particularly to…" by Winston S. Churchill?

Winston S. Churchill601

Prime Minister of the United Kingdom 1874–1965

Related quotes

“That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.”

George Mason (1725–1792) American delegate from Virginia to the U.S. Constitutional Convention

Article 7
Virginia Declaration of Rights (1776)

“Whether arrived at through reason or revelation… natural law is the highest law known to man. It is anchored in the very existential nature of man and is therefore a priori just.”

Ilana Mercer South African writer

"Why the Land Belongs to Bundy," http://www.economicpolicyjournal.com/2014/04/why-land-belongs-to-bundy.html Economic Policy Journal, April 25, 2014. <br class="br">2010s, 2014

“The more constrained the power of governments, the more it is diffused, checked and balanced, the less it will aggress on others and commit democide. At the extremes of Power, totalitarian communist governments slaughter their people by the tens of millions, while many democracies can barely bring themselves to execute even serial murderers.”

Rudolph Rummel (1932–2014) American academic

Source: Death by Government (1994), p. 2

“New Leftists are not buying the collectivist doctrine of the established (Communist) organizations. They are quite simply libertarians, rebelling against unreasonable power and authority, whether it comes via established government or totalitarian (leftist) organizations.”

Phillip Abbott Luce (1935–1998)

Quoted in “Not All Protesters Part of Conspiracy,” Jerry R. Wilson, The Oklahoma Journal, August 7, 1972, speech by Phillip Abbott Luce in Tulsa, Oklahoma.

“The totalitarian State does not tolerate any ‘second government,’ any challenge to the power of the all-wise dictator. [As the Nazi party has stated] ‘Within the constitution of the Third Reich any position independent of the will of the Fuehrer no longer exists. The principle of separation of power is a thing of the past. Only the Party has a privileged position.”

Günter Reimann (1904–2005) German economist

Source: The Vampire Economy: Doing Business Under Fascism, 2014, p. 13 (Zeitschrift der Akademie fuer Deutches Recht, July 1, 1938, p. 513)

“As used in the Due Process Clauses, 'liberty' most likely refers to 'the power of loco-motion, of changing situation, or removing one's person to whatsoever place one's own inclination may direct; without imprisonment or restraint, unless by due course of law'. That definition is drawn from the historical roots of the Clauses and is consistent with our Constitution’s text and structure. Both of the Constitution’s Due Process Clauses reach back to Magna Carta. Chapter 39 of the original Magna Carta provided ', No free man shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers and by the law of the land'. Although the 1215 version of Magna Carta was in effect for only a few weeks, this provision was later reissued in 1225 with modest changes to its wording as follows: 'No freeman shall be taken, or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we not pass upon him, nor condemn him, but by lawful judgment of his peers or by the law of the land.”

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

In his influential commentary on the provision many years later, Sir Edward Coke interpreted the words 'by the law of the land' to mean the same thing as 'by due proces of the common law'. <br class="br"> Obergefell v. Hodges http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf (26 June 2015). <br class="br">2010s

“Should Congress, in the execution of its powers, adopt measures which are prohibited by the constitution; or should Congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not entrusted to the government; it would become the painful duty of this tribunal, should a case requiring such a decision come before it, to say that such an act was not the law of the land. But where the law is not prohibited, and is really calculated to effect any of the objects entrusted to the government, to undertake here to inquire into the degree of its necessity, would be to pass the line which circumscribes the judicial department, and to tread on legislative ground. This court disclaims all pretensions to such a power.”

John Marshall (1755–1835) fourth Chief Justice of the United States

17 U.S. (4 Wheaton) 316, 423. Regarding the Supreme Courts judicial review power in the context of the Necessary and Proper Clause.
McCulloch v. Maryland (1819)

“Every person, whether in wartime or not, should keep a pistol and rifle in his house at all times. If a person is not going to protect himself, and wishes the government to do it for him, how can he complain when the government decides to protect itself against him, and executes him?”

William Powell (author) book The Anarchist Cookbook

Source: The Anarchist Cookbook (1971), Chapter Three: "Natural, Nonlethal, and Lethal Weapons", p. 93.

“That in all capital or criminal prosecutions a man bath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty, except by the law of the land or the judgment of his peers.”

George Mason (1725–1792) American delegate from Virginia to the U.S. Constitutional Convention

Article 8
Virginia Declaration of Rights (1776)

“For example: (1) As if governed by Newton's First Law of Motion, an institution will resist any change in its current direction; (2) Just as work expands to fill available time, corporate projects or acquisitions will materialize to soak up available funds; (3) Any business craving of the leader, however foolish, will be quickly supported by detailed rate-of-return and strategic studies prepared by his troops; and (4) The behavior of peer companies, whether they are expanding, acquiring, setting executive compensation or whatever, will be mindlessly imitated.”

Warren Buffett (1930) American business magnate, investor, and philanthropist

1989 Chairman's Letter http://www.berkshirehathaway.com/letters/1989.html <br class="br">Letters to Shareholders (1957 - 2012)

“The power of the Executive to cast a man in prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers is in the highest degree odious and is the foundation of all totalitarian government, whether Nazi or Communist.”

Help us to complete the source, original and additional information

Winston S. Churchill601

Related quotes

Related topics