“The Constitution was framed fundamentally as a bulwark against governmental power, and preventing the arbitrary administration of punishment is a basic ideal of any society that purports to be governed by the rule of law.”

—  William J. Brennan

Dissenting, McCleskey v. Kemp, 481 U.S. 279 (1987).

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 Constitution was framed fundamentally as a bulwark against governmental power, and preventing the arbitrary adminis…" by William J. Brennan?
William J. Brennan photo
William J. Brennan 12
American judge 1906–1997

Related quotes

“According to Rohr, "nothing is more fundamental to governance than a constitution; and therefore to stress the constitutional character of administration is to establish the proper role of administration as governance that includes management but transcends it as well."This is not a novel argument for Rohr, who was recognized in 1999 by the Louis Brownlow Committee of the National Academy of Public Administration for his lifetime contributions on the "constitutional underpinnings" of public administration. But this new version of his rule-of-law critique directly addresses the NPM's excesses, framed convincingly as a comparative study of cases found in four countries spanning three centuries. The first half of the book examines the linkages between constitutions and administrations in France, the United Kingdom, and Canada. The second half of the book examines American cases…”

John Rohr (1934–2011) American political scientist

Abstract
Civil servants and their constitutions, 2002

John Marshall photo

“Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void.”

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

5. U.S. (1 Cranch) 137, 177
Marbury v. Madison (1803)

William Penn photo

“Any government is free to the people under it (whatever be the frame) where the law rules, and the people are a party to those laws, and more than this is tyranny, oligarchy, or confusion.”

William Penn (1644–1718) English real estate entrepreneur, philosopher, early Quaker and founder of the Province of Pennsylvania

Frame of Government (1682)
Context: I know what is said by the several admirers of monarchy, aristocracy and democracy, which are the rule of one, a few, and many, and are the three common ideas of government, when men discourse on the subject. But I chuse to solve the controversy with this small distinction, and it belongs to all three: Any government is free to the people under it (whatever be the frame) where the law rules, and the people are a party to those laws, and more than this is tyranny, oligarchy, or confusion.

Huey P. Newton photo

“Men were not created in order to obey laws. Laws are created to obey men. They are established by men and should serve men. The laws and rules which officials inflict upon poor people prevent them from functioning harmoniously in society. There is no disagreements about this function of law in any circle-the disagreement arises from the question of which men laws are to serve. Such lawmakers ignore the fact that it is the duty of the poor and unrepresented to construct rules and laws that serve their interest better. Rewriting unjust laws is a basic human right and fundamental obligation.”

Huey P. Newton (1942–1989) Co-founder of the Black Panther Party

"In Defense of Self-defense" I (June 20, 1967)
To Die For The People

Mahendra Chaudhry photo

“The rule of law must apply equally to everyone, irrespective of status in society or class divisions it is this equal application that is the bulwark of modern democracies.”

Mahendra Chaudhry (1942) Fijian politician

Reaction to Prime Minister Laisenia Qarase's address to the Commonwealth Parliamentary Association in Nadi, 31 August 2005

Warren E. Burger photo

“No matter what coercive powers of enforcement governments may assert, the peoples in country after country in all ages have demonstrated that Man was meant to be free but that this ideal can be realized only under the rule of law. And this must be a rule that places restraints on individuals and on governments alike. This is a delicate, a fragile, balance to maintain. It is fragile because it is sustained only by an ideal that requires each person in society, by an exercise of free will, to accept and abide the restraints of a structure of laws.”

Warren E. Burger (1907–1995) Chief Justice of the United States from 1969 to 1986

Reported in The Episcopalian: Volume 138 (1973), p. 12.

Theodore Parker photo

“Justice is the constitution or fundamental law of the moral universe, the law of right, a rule of conduct for man in all his moral relations.”

Theodore Parker (1810–1860) abolitionist

Ten Sermons of Religion (1853), III : Of Justice and the Conscience https://en.wikisource.org/wiki/Ten_Sermons_of_Religion/Of_Justice_and_the_Conscience
Context: Justice is the constitution or fundamental law of the moral universe, the law of right, a rule of conduct for man in all his moral relations. Accordingly all human affairs must be subject to that as the law paramount; what is right agrees therewith and stands, what is wrong conflicts and falls. Private cohesions of self-love, of friendship, or of patriotism, must all be subordinate to this universal gravitation towards the eternal right.

James Iredell photo

“The power of impeachment is given by this Constitution, to bring great offenders to punishment. It is calculated to bring them to punishment for crimes which it is not easy to describe, but which every one must be convinced is a high crime and misdemeanor against the government.”

James Iredell (1751–1799) one of the first Justices of the Supreme Court of the United States

July 28, 1788, p. 107.
North Carolina's Debates, in Convention, on the adoption of the Federal Constitution (1787)

Philip G. Zimbardo photo

“Fear is the State's psychological weapon of choice to frighten citizens into sacrificing their basic freedoms and rule-of-law protections in exchange for the security promised by their all-powerful government.”

Philip G. Zimbardo book The Lucifer Effect

Source: The Lucifer Effect: Understanding How Good People Turn Evil

“Both Hayek and Locke thought that this is best achieved by limiting government’s potential actions and restricting these potential actions to known general rules applicable to all. Both sought a government of rules rather than commands, the latter of which, by their nature, are not known in advance and may be arbitrary—not applicable to all. Hayek’s goal was the society of law.”

Alan O. Ebenstein (1959) American political scientist, educator and author

Hayek's Journey: The Mind of Friedrich Hayek (2003)

Related topics