“Most emphatically I do wish that the people should have the right to recall the decision, and authoritatively to stamp with disapproval what cannot but seem to the ordinary plain citizen a monstrous misconstruction of the constitution, a monstrous perversion of the constitution into an instrument for the perpetuation of social and industrial wrong and for the oppression of the weak and helpless.”

—  Theodore Roosevelt

1910s, California's Policies Proclaimed (Feb. 21, 1911)

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Theodore Roosevelt photo
Theodore Roosevelt 445
American politician, 26th president of the United States 1858–1919

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“When a judge decides a constitutional question, when he decides what the people as a whole can or cannot do, the people should have the right to recall that decision if they think it wrong.”

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1910s, California's Policies Proclaimed (Feb. 21, 1911)
Context: When a judge decides a constitutional question, when he decides what the people as a whole can or cannot do, the people should have the right to recall that decision if they think it wrong. We should hold the judiciary in all respect; but it is both absurd and degrading to make a fetish of a judge or of anyone else.

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“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 (1936) Associate Justice of the Supreme Court of the United States

[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).

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“There is no Constitutional issue here. The command of the Constitution is plain. There is no moral issue. It is wrong—deadly wrong– to deny any of your fellow Americans the right to vote in this country. There is no issue of States' rights or National rights. There is only the struggle for human rights.”

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“The strength of the Constitution lies entirely in the determination of each citizen to defend it. Only if every single citizen feels duty bound to do his share in this defense are the constitutional rights secure.”

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“The provision of the Constitution giving the war making power to Congress was dictated, as I understand it, by the following reasons. Kings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object. This, our Convention understood to be the most oppressive of all Kingly oppressions; and they resolved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us.”

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The provision of the Constitution giving the war making power to Congress was dictated, as I understand it, by the following reasons. Kings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object. This, our Convention understood to be the most oppressive of all Kingly oppressions; and they resolved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us. But your view destroys the whole matter, and places our President where kings have always stood.

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“The capitalists often boast that their constitutions guarantee the rights of the individual, d3mocratic liberties and the interests of all citizens. But in reality, only the bourgeoisie enjoy the rights recorded in these constitutions. The working people do not really enjoy democratic freeedoms; they are exploited all their life and have to bear heavy burdens in the service of the exploiting class.”

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“None of us believes that rulers are infallible or that their commands should constitute our highest standard of right and wrong.”

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Source: The Sword or the Cross, Which Should be the Weapon of the Christian Militant? (1921), Ch.4 p. 69-70
Context: None of us believes that rulers are infallible or that their commands should constitute our highest standard of right and wrong. Quite apart from the belief of the ruler, the method of war is either Christian or un-Christian, and his command does not determine whether our participation in it is moral or immoral. Therefore, the Christian citizen must come to his decision on a basis of the spirit and teaching of Jesus, quite independently of the command of the ruler. To say that Jesus and St. Paul recognize the function of the state is not to say that they command the Christian to participate in war when ordered to do so by the ruler of the nation; any more than their recognition of the state meant that they sanctioned human slavery, polygamy, extortion and the other evil practices which were approved by the [Roman] state.

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