Byron White quote: “The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having …”

“They knew, however, that self-government is still government, and that the authority of the Constitution and the law is still authority. They knew that a government without power is a contradiction in terms. In order that their President and their Congress might not surpass the bounds of the authority granted to them, by the Constitution which the people had made, and so infringe upon the liberties of the people, they established a third independent department of the government, with the power to interpret and declare the Constitution and the law, the inferior courts and the Supreme Court of the United States. No President, however powerful, and no majority of Congress however large, can take from an individual, no matter how humble, that freedom and those rights which are guaranteed to him by the Constitution. The Supreme Court has final authority to determine all questions arising under the Constitution and laws of the United States.”

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)

“"The sovereignty of the States" is the language of the Confederacy, and not the language of the Constitution. The latter contains the emphatic words — This Constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land, and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding.”

Andrew Johnson (1808–1875) American politician, 17th president of the United States (in office from 1865 to 1869)

Quote, First State of the Union Address (1865)

“Our Constitution is not merely a political document which provides the framework and institutions for democratic governance - our Parliament, the Executive and the Judiciary. It provides a framework for the economic and social emancipation of society and particularly, the poor, the underprivileged and the downtrodden. As Granville Austine has said, "the core of the commitment to the social revolution lies in Parts III and IV, in the Fundamental Rights and in the Directive Principles of State Policy. These are the conscience of the Constitution." It is of profound import that the Fundamental Rights are enforceable by Courts of Law. Article 32 of the Constitution guarantees the implementation of these Rights. This is a very crucial safeguard against excesses by executive authority and casts a very heavy responsibility on our Judiciary, a vital pillar of our democratic polity, to ensure that fundamental human freedoms are guaranteed.”

Shankar Dayal Sharma (1918–1999) Indian politician

Address By Dr. Shanker Dayal Sharma President Of India On The Occasion Of The 50th Anniversary Of The First Sitting Of The Constituent Assembly

“As a mathematical object, the constitution is maximally simple, consistent, necessarily incomplete, and interpretable as a model of natural law. Political authority is allocated solely to serve the constitution.”

Nick Land (1962) British philosopher

There are no authorities which are not overseen, within nonlinear structures. Constitutional language is formally constructed to eliminate all ambiguity and to be processed algorithmically. Democratic elements, along with official discretion, and legal judgment, is incorporated reluctantly, minimized in principle, and gradually eliminated through incremental formal improvement. Argument defers to mathematical expertise. Politics is a disease that the constitution is designed to cure.
"A Republic, If You Can Keep It" https://web.archive.org/web/20140327090001/http://www.thatsmags.com/shanghai/articles/12321 (2013) (original emphasis)

“As a mathematical object, the constitution is maximally simple, consistent, necessarily incomplete, and interpretable as a model of natural law. Political authority is allocated solely to serve the constitution. There are no authorities which are not overseen, within nonlinear structures. Constitutional language is formally constructed to eliminate all ambiguity and to be processed algorithmically. Democratic elements, along with official discretion, and legal judgment, is incorporated reluctantly, minimized in principle, and gradually eliminated through incremental formal improvement. Argument defers to mathematical expertise. Politics is a disease that the constitution is designed to cure.”

Nick Land (1962) British philosopher

"A Republic, If You Can Keep It" https://web.archive.org/web/20140327090001/http://www.thatsmags.com/shanghai/articles/12321 (2013) (original emphasis)

“Courts were designed to be an intermediate body between the People and the Legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the Courts. A Constitution is, in fact, and must be regarded by the Judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular Act proceeding from the Legislative body. If there should happen to be an irreconcilable variance between the two”

Alexander Hamilton Federalist Papers

No. 78
The Federalist Papers (1787–1788)
Context: There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No Legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the Representatives of the People are superior to the People themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid. If it be said that the Legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered, that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution. It is not otherwise to be supposed, that the Constitution could intend to enable the Representatives of the People to substitute their will to that of their constituents. It is far more rational to suppose, that the Courts were designed to be an intermediate body between the People and the Legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the Courts. A Constitution is, in fact, and must be regarded by the Judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular Act proceeding from the Legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or in other words, the Constitution ought to be preferred to the statute, the intention of the People to the intention of their agents. Nor does this conclusion by any means suppose a superiority of the Judicial to the Legislative power. It only supposes that the power of the People is superior to both; and that where the will of the Legislature, declared in its statutes, stands in opposition to that of the People, declared in the Constitution, the Judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental. [... ] whenever a particular statute contravenes the Constitution, it will be the duty of the Judicial tribunals to adhere to the latter and disregard the former.

“Anarchy is a word that comes from the Greek, and signifies, strictly speaking, "without government": the state of a people without any constituted authority.”

Errico Malatesta (1853–1932) Italian anarchist

Anarchy (1891) http://www.marxists.org/archive/malatesta/1891/xx/anarchy.htm
Context: Anarchy is a word that comes from the Greek, and signifies, strictly speaking, "without government": the state of a people without any constituted authority.
Before such an organization had begun to be considered possible and desirable by a whole class of thinkers, so as to be taken as the aim of a movement (which has now become one of the most important factors in modern social warfare), the word “anarchy” was used universally in the sense of disorder and confusion, and it is still adopted in that sense by the ignorant and by adversaries interested in distorting the truth.

“I also am concerned about judges who imagine they see everything in society addressed in the Constitution. It is worth remembering that the Constitution is a very brief document. It defines the structure and authority of the federal government and protects a limited list of sacred rights. It does not, and was never intended to, address every legal issue that might arise in our nation’s history. Democracy is well-served when the Court says, in effect, "the Constitution simply does not comment on this issue." In contrast, constitutionalizing an issue takes it out of the democratic process. If the people disagree with a court decision based on the law, they have a remedy in the political process. Through their elected representatives, they can change the law. But once a court declares a law to be unconstitutional or prohibits some agency action on constitutional grounds, it is limiting the options of the people. Such a step should be taken only where it is clear that the Constitution has truly spoken on the issue and forbidden what the political branches have determined to do.”

Alberto Gonzales (1955) 80th United States Attorney General

Speech to American Enterprise Institute (January 17, 2007)

“We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our liberty and of our property under the Constitution.”

Charles Evans Hughes (1862–1948) American judge

Speech before the Chamber of Commerce, Elmira, New York (3 May 1907); published in Addresses and Papers of Charles Evans Hughes, Governor of New York, 1906–1908 (1908), p. 139

“Our constitution, in short, is a judge-made constitution, and it bears on its face all the features, good and bad, of judge-made law.”

A. V. Dicey (1835–1922) British jurist and constitutional theorist

Introduction to the Study of the Law of the Constitution [Eighth Edition, 1915] (LibertyClassics, 1982), p. 116.

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