"Father Severyan", in November 1916: The Red Wheel: Knot II (1984; translation 1999).
Context: At no time has the world been without war. Not in seven or ten or twenty thousand years. Neither the wisest of leaders, nor the noblest of kings, nor yet the Church — none of them has been able to stop it. And don't succumb to the facile belief that wars will be stopped by hotheaded socialists. Or that rational and just wars can be sorted out from the rest. There will always be thousands of thousands to whom even such a war will be senseless and unjustified. Quite simply, no state can live without war, that is one of the state's essential functions. … War is the price we pay for living in a state. Before you can abolish war you will have to abolish all states. But that is unthinkable until the propensity to violence and evil is rooted out of human beings. The state was created to protect us from evil. In ordinary life thousands of bad impulses, from a thousand foci of evil, move chaotically, randomly, against the vulnerable. The state is called upon to check these impulses — but it generates others of its own, still more powerful, and this time one-directional. At times it throws them all in a single direction — and that is war.
“The Court's statement that it is 'tempting' to acknowledge the authoritativeness of tradition in order to 'curb the discretion of federal judges' is, of course, rhetoric rather than reality; no government official is 'tempted' to place restraints upon his own freedom of action, which is why Lord Acton did not say 'Power tends to purify.' The Court's temptation is in the quite opposite and more natural direction -- towards systematically eliminating checks upon its own power; and it succumbs.”
Planned Parenthood v. Casey, 505 U.S. 833 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&navby=case&vol=505&invol=833&friend=oyez (1992) (dissenting).
1990s
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Antonin Scalia 100
former Associate Justice of the Supreme Court of the United… 1936–2016Related quotes
Lawrie v. Lees (1881), L. R. 7 Ap. Ca. 35.
Speaking out against a central bank after the Panic of 1907. From "A Central Bank as a Menace to Liberty," by George H. Earle, Jr. The Annals of the American Academy of Political and Social Science. Vol. XXXI No. 2: Lessons of the Financial Crisis, March 1908.
1920s, Ordered Liberty and World Peace (1924)
Osborn v. Bank of the United States, 22 U.S. (9 Wheaton) 738, 866 (1824)
James M. Beam Distilling Co. v. Georgia, 501 U.S. 529 http://straylight.law.cornell.edu/supct/html/89-680.ZC3.html (1991) (concurring).
1990s
Introduction to the Study of the Law of the Constitution [Eighth Edition, 1915] (LibertyClassics, 1982), p. 273.
Six Principles of Political Realism, § 5.
Politics Among Nations (1948)
Context: Political realism refuses to identify the moral aspirations of a particular nation with the moral laws that govern the universe. As it distinguishes between truth and opinion, so it distinguishes between truth and idolatry. All nations are tempted — and few have been able to resist the power for long — to clothe their own aspirations and action in the moral purposes of the universe. To know that nations are subject to the moral law is one thing, while to pretend to know with certainty what is good and evil in the relations among nations is quite another. There is a world of difference between the belief that all nations stand under the judgment of God, inscrutable to the human mind, and the blasphemous conviction that God is always on one's side and that what one wills oneself cannot fail to be willed by God also.
Saunders v. Saunders (1897), L. R. Prob. D. [1897], p. 95.
Near v. Minnesota, 283 U.S. 697 (1931).
Judicial opinions