“One can conclude that certain essential, or fundamental, rights should exist in any just society. It does not follow that each of those essential rights is one that we as judges can enforce under the written Constitution. The Due Process Clause is not a guarantee of every right that should inhere in an ideal system. Many argue that a just society grants a right to engage in homosexual conduct. If that view is accepted, the Bowers decision in effect says the State of Georgia has the right to make a wrong decision — wrong in the sense that it violates some people's views of rights in a just society. We can extend that slightly to say that Georgia's right to be wrong in matters not specifically controlled by the Constitution is a necessary component of its own political processes. Its citizens have the political liberty to direct the governmental process to make decisions that might be wrong in the ideal sense, subject to correction in the ordinary political process.”

— Anthony Kennedy

[Unenumerated Rights and the Dictates of Judicial Restraint, Address to the Canadian Institute for Advanced Legal Studies, Stanford University. Palo Alto, California., http://web.archive.org/web/20080627022153/http://www.andrewhyman.com/1986kennedyspeech.pdf, 24 July 1986 to 1 August 1986, 13] (Also quoted at p. 443 of Kennedy's 1987 confirmation transcript http://www.gpoaccess.gov/congress/senate/judiciary/sh100-1037/browse.html).

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 "One can conclude that certain essential, or fundamental, rights should exist in any just society. It does not follow th…" by Anthony Kennedy?

Anthony Kennedy 28

Associate Justice of the Supreme Court of the United States 1936

Related quotes

“Men must have rights before they can have equal rights. Each man has a right to use the world because he is here and wants to use the world. The equality of this right is merely a limitation arising from the presence of others with like rights. Society, in other words, does not grant, and cannot equitably withhold from any individual, the right to the use of land. That right exists before society and independently of society, belonging at birth to each individual, and ceasing only with his death.”

Henry George (1839–1897) American economist

Part I : Declaration, Ch. IV : Mr. Spencer's Confusion as to Rights
A Perplexed Philosopher (1892)
Context: Men must have rights before they can have equal rights. Each man has a right to use the world because he is here and wants to use the world. The equality of this right is merely a limitation arising from the presence of others with like rights. Society, in other words, does not grant, and cannot equitably withhold from any individual, the right to the use of land. That right exists before society and independently of society, belonging at birth to each individual, and ceasing only with his death. Society itself has no original right to the use of land. What right it has with regard to the use of land is simply that which is derived from and is necessary to the determination of the rights of the individuals who compose it. That is to say, the function of society with regard to the use of land only begins where individual rights clash, and is to secure equality between these clashing rights of individuals.

“The issue presented is whether the Federal Constitution confers a fundamental right upon homosexuals to engage in sodomy, and hence invalidates the laws of the many States that still make such conduct illegal, and have done so for a very long time…. Respondent would have us announce, as the Court of Appeals did, a fundamental right to engage in homosexual sodomy. This we are quite unwilling to do.”

Byron White (1917–2002) Associate Justice of the U.S. Supreme Court, American football player

Bowers v. Hardwick, 478 U.S. 186 (1986).

“If a Judge, without any reason, orders the members of say one political party out of his Court, those so ordered may seek to enforce their fundamental rights against him and it should make no difference that the order is made while he sits as a Judge. Even if appeal lies against such an order, the defect on which relief can be claimed, is the breach of fundamental rights.”

Mohammad Hidayatullah (1905–1992) 11th Chief Justice of India

Full Court Reference in Memory of The Late Justice M. Hidayatullah

“Without this guarantee that one may not be deprived of his rights, neither liberty nor property, without due process of law, the State's monopoly over techniques for binding conflict resolution could hardly be said to be acceptable under our scheme of things. Only by providing that the social enforcement mechanism must function strictly within these bounds can we hope to maintain an ordered society that is also just.”

John Marshall Harlan II (1899–1971) American judge and Associate Justice of the Supreme Court (1899-1971)

Boddie v. Connecticut, 401 U.S. 371, 374-75 (1971).

“If there can be agreement that certain rights are essential to reduce the chances of perfect injustice, that constitutes the beginning of a solid theory of rights.”

Alan M. Dershowitz (1938) American lawyer, author

Source: Shouting Fire: Civil liberties in a Turbulent Age (2002), p. 34

“It is no longer open to doubt that the liberty of the press, and of speech, is within the liberty safeguarded by the due process clause of the Fourteenth Amendment from invasion by state action. It was found impossible to conclude that this essential personal liberty of the citizen was left unprotected by the general guaranty of fundamental rights of person and property.”

Charles Evans Hughes (1862–1948) American judge

Near v. Minnesota, 283 U.S. 697 (1931).
Judicial opinions

“The decisions we make about the Internet don't affect just the Internet – they are answers to basic questions about the relationship each citizen has to the government and about the extent to which we trust one another with the full range of fundamental rights granted by the Constitution.”

Mike Godwin book Cyber Rights

Cyber Rights — cited in [Hudson, David, Net freedom ring, Salon, Salon Media Group, July 16, 1998, http://www.salon.com/21st/books/1998/07/16books.html, 2009-12-17, http://web.archive.org/web/20000202020328/http://www.salon.com/21st/books/1998/07/16books.html, 2000-02-02]
Cyber Rights

“We have laws in states, like the one at the Supreme Court right now, that has sodomy laws and they were there for a purpose. Because, again, I would argue, they undermine the basic tenets of our society and the family. And if the Supreme Court says that you have the right to consensual sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery. You have the right to anything. Does that undermine the fabric of our society? I would argue yes, it does.”

Rick Santorum (1958) American politician

“The US and Israel have demanded further that Palestinians not only recognize Israel's rights as a state in the international system, but that they also recognize Israel's abstract "right to exist," a concept that has no place in international law or diplomacy, and a right claimed by no one. In effect, the US and Israel are demanding that Palestinians not only recognize Israel in the normal fashion of interstate relations, but also formally accept the legitimacy of their expulsion from their own land. They cannot be expected to accept that, just as Mexico does not grant the US the "right to exist" on half of Mexico's territory, gained by conquest.”

Noam Chomsky (1928) american linguist, philosopher and activist

Interview by Sabahattin Atas, circa September 2003 (see also: Necessary Illusions https://web.archive.org/web/20000307213545/http://www.zmag.org/chomsky/ni/ni-c10-s16.html) http://www.chomsky.info/interviews/200309--.htm.
Quotes 2000s, 2003

“Make no mistake, abortion-on-demand is not a right granted by the Constitution. No serious scholar, including one disposed to agree with the Court's result, has argued that the framers of the Constitution intended to create such a right.”

Ronald Reagan (1911–2004) American politician, 40th president of the United States (in office from 1981 to 1989)

1980s, First term of office (1981–1985), Abortion and the Conscience of the Nation (1983)

Help us to complete the source, original and additional information

Anthony Kennedy 28

Related quotes

Related topics