“The case for originalism is quite different. It is that in our system of government, written laws (statutes and constitutional provisions) are supposed to provide stable rules around which society can organize itself. Such rules are presumed to remain in place until amended or repealed by the people. Originalism is aimed at preserving the laws enacted by the people or their representatives, and at preserving stability and predictability in our legal system.”

— Thomas Rex Lee

A Dialogue with Utah Supreme Court Justice Thomas R. Lee https://web.archive.org/web/20150120094848/www.attorneyatlawmagazine.com/salt-lake-city/dialogue-utah-supreme-court-justice-thomas-r-lee/

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 case for originalism is quite different. It is that in our system of government, written laws (statutes and constit…" by Thomas Rex Lee?

Thomas Rex Lee 2

Utah Supreme Court justice 1964

Related quotes

“Unless we act anew, with dispatch and resolution, we shall sanction a sad and sorrowful course for the future. For if the Fifteenth Amendment is successfully flouted today, tomorrow the First Amendment, the Fourth Amendment, the Fifth Amendment-the Sixth, the Eighth, indeed, all the provisions of the Constitution on which our system stands — will be subject to disregard and erosion. Our essential strength as a society governed by the rule of law will be crippled and corrupted and the unity of our system hollowed out and left meaningless.”

Lyndon B. Johnson (1908–1973) American politician, 36th president of the United States (in office from 1963 to 1969)

1960s, Special message to Congress on the right to vote (1965)

“Justice, under capitalism, works not from a notion of obedience to moral law, or to conscience, or to compassion, but from the assumption of a duty to preserve a social order and the legal “rights” that constitute that order, especially the just which preserves the system of justice even if the system is itself routinely unjust.”

Curtis White (1951) American academic

"The spirit of disobedience: an invitation to resistance"

“Rule 1. Original data should be presented in a way that will preserve the evidence in the original data for all the predictions assumed to be useful.”

Walter A. Shewhart (1891–1967) American statistician

Economic Control of Quality of Manufactured Product,1931

“It is frequently charged that this tribunal is tyrannical. If the Constitution of the United States be tyranny; if the rule that no one shall be convicted of a crime save by a jury of his peers; that no orders of nobility shall be granted; that slavery shall not be permitted to exist in any state or territory; that no one shall be deprived of life, liberty or property without due process of law; if these and many other provisions made by the people be tyranny, then the Supreme Court when it makes decisions in accordance with these principles of our fundamental law is tyrannical. Otherwise it is exercising the power of government for the preservation of liberty. The fact is that the Constitution is the source of our freedom. Maintaining it, interpreting it, and declaring it, are the only methods by which the Constitution can be preserved and our liberties guaranteed.”

Calvin Coolidge (1872–1933) American politician, 30th president of the United States (in office from 1923 to 1929)

1920s, Ordered Liberty and World Peace (1924)

“Law is an order of human behavior. An “order” is a system of rules. Law is not, as it is sometimes said, a rule. It is a set of rules having the kind of unity we understand by a system. It is impossible to grasp the nature of law if we limit our attention to the single isolated rule.”

Hans Kelsen (1881–1973) Austrian lawyer

General Theory of Law and State (1949), I. The Concept of Law, A. Law and Justice, a. Human Behavior as the Objects of Rules

“My fellow Americans, our long national nightmare is over.
Our Constitution works; our great Republic is a government of laws and not of men. Here the people rule.”

Gerald Ford (1913–2006) American politician, 38th President of the United States (in office from 1974 to 1977)

1970s, First Presidential address (1974)
Context: My fellow Americans, our long national nightmare is over.
Our Constitution works; our great Republic is a government of laws and not of men. Here the people rule. But there is a higher Power, by whatever name we honor Him, who ordains not only righteousness but love, not only justice but mercy.
As we bind up the internal wounds of Watergate, more painful and more poisonous than those of foreign wars, let us restore the golden rule to our political process, and let brotherly love purge our hearts of suspicion and of hate.

“The Court's justification for consulting its own notions rather than following the original meaning of the Constitution, as I would, apparently is based on the belief of the majority of the Court that for this Court to be bound by the original meaning of the Constitution is an intolerable and debilitating evil; that our Constitution should not be 'shackled to the political theory of a particular era,' and that to save the country from the original Constitution the Court must have constant power to renew it and keep it abreast of this Court's more enlightened theories of what is best for our society. It seems to me that this is an attack not only on the great value of our Constitution itself but also on the concept of a written constitution which is to survive through the years as originally written unless changed through the amendment process which the Framers wisely provided.”

Hugo Black (1886–1971) U.S. Supreme Court justice

Dissenting in Harper v. Virginia Board of Elections, 383 U.S. 663 (1966).

“If to state this case is not to decide it, the law has departed further from the meaning of language than is appropriate for a government that is supposed to rule (and to be restrained) through the written word.”

Antonin Scalia (1936–2016) former Associate Justice of the Supreme Court of the United States

United States v. Rodriguez-Moreno, 526 U.S. 275 (1998) (Scalia, dissenting).
1990s

“A regime that has a Constitution which denies the sovereignty of the people and where candidates are selected by the regime and the Parliament can not vote into laws its own proposed bills, is not a system representative of the people.”

Reza Pahlavi (1960) Last crown prince of the former Imperial State of Iran

As quoted by Michel Bole-Richard, The regime is archaic. The country is on the brink of explosion http://www.rezapahlavi.org/details_article.php?article=4&page=6, Le Monde, June 18, 2005.
Interviews, 2005
Context: A regime that has a Constitution which denies the sovereignty of the people and where candidates are selected by the regime and the Parliament can not vote into laws its own proposed bills, is not a system representative of the people. This regime interprets divine laws as it pleases and elections are like those held under the Soviet or Saddam's regime. All this is to make the world believe that they enjoy a certain degree of legitimacy. Elections must be boycotted. To vote for this regime is to prolong its survival. Not to turn out will be the demonstration that the people rejects this theocracy. What the people is asking for is a secular Constitution based on the Universal Charter of Human Rights. Reformists couldn't do anything. We have lost ten years. Time has come for change.

“The First Amendment provides the only kind of security system that can preserve a free government – one that leaves the way wide open for people to favor, discuss, advocate, or incite causes and doctrines however obnoxious and antagonistic such views may be to the rest of us.”

Hugo Black (1886–1971) U.S. Supreme Court justice

Concurring opinion, Yates v. United States, 354 U.S. 298 (1957).

Help us to complete the source, original and additional information

Thomas Rex Lee 2

Related quotes

Related topics