Andrew P. Napolitano quote: “If you read the Constitution, its protections are not limited to Americans.”

“We current justices read the Constitution in the only way that we can: as 20th-century Americans”

William J. Brennan (1906–1997) American judge

Speech to the Text and Teaching Symposium at Georgetown University (October 12, 1985).
Context: The framers discerned fundamental principles.... But our acceptance of the fundamental principles has not and should not bind us to those precise, at times anachronistic, contours. We current justices read the Constitution in the only way that we can: as 20th-century Americans... The ultimate question must be, what do the words of the text mean in our time? For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs. What the constitutional fundamentals meant to the wisdom of other times cannot be their measure to the vision of our time. Similarly, what those fundamentals mean for us, our descendants will learn, cannot be their measure to the vision of their time.

“Our protection against all kinds of fanatics and extremists, none of whom can be trusted with unlimited power over others, lies not in their forbearance but in the limitations of our Constitution.”

Robert H. Jackson (1892–1954) American judge

American Communications Association v. Douds, 339 U.S. 382, 439 (1950)
Judicial opinions

“Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves.”

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

As cited in The Age of Turbulence: Adventures in a New World (2007), Alan Greenspan, Penguin Press, Chapter 4 (Private Citizen), p. 87 : ISBN 15942 01315
1980s

“A democratic government that respects no limits on its power is a ticking time bomb, waiting to destroy the rights it was created to protect.”

James Bovard (1956) American journalist

JimBovard.com http://www.jimbovard.com/

“The Government of the United States, then, though limited in its powers, is supreme, and its laws, when made in pursuance of the Constitution, form the supreme law of the land”

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

17 U.S. (4 Wheaton) 316, 406-407
McCulloch v. Maryland (1819)
Context: [T]he Government of the Union, though limited in its powers, is supreme within its sphere of action. This would seem to result necessarily from its nature. It is the Government of all; its powers are delegated by all; it represents all, and acts for all. Though any one State may be willing to control its operations, no State is willing to allow others to control them. The nation, on those subjects on which it can act, must necessarily bind its component parts. But this question is not left to mere reason; the people have, in express terms, decided it by saying, [p406] "this Constitution, and the laws of the United States, which shall be made in pursuance thereof," "shall be the supreme law of the land," and by requiring that the members of the State legislatures and the officers of the executive and judicial departments of the States shall take the oath of fidelity to it. The Government of the United States, then, though limited in its powers, is supreme, and its laws, when made in pursuance of the Constitution, form the supreme law of the land, "anything in the Constitution or laws of any State to the contrary notwithstanding."

“The most momentous chapter in American history is the story of the making and ratifying of the Constitution of the United States. The Constitution has so long been rooted so deeply in American life — or American life rooted so deeply in it — that the drama of its origins is often overlooked.”

Carl Van Doren (1885–1950) American biographer

Preface
The Great Rehearsal (1948)
Context: The most momentous chapter in American history is the story of the making and ratifying of the Constitution of the United States. The Constitution has so long been rooted so deeply in American life — or American life rooted so deeply in it — that the drama of its origins is often overlooked. Even historical novelists, who hunt everywhere for memorable events to celebrate, have hardly touched the event without which there would have been a United States very different from the one that now exists; or might have been no United States at all.
The prevailing conceptions of those origins have varied with the times. In the early days of the Republic it was held, by devout friends of the Constitution, that its makers had received it somewhat as Moses received the Tables of the Law on Sinai. During the years of conflict which led to the Civil War the Constitution was regarded, by one party or the other, as the rule of order or the misrule of tyranny. In still later generations the Federal Convention of 1787 has been accused of evolving a scheme for the support of special economic interests, or even a conspiracy for depriving the majority of the people of their liberties. Opinion has swung back and forth, while the Constitution itself has grown into a strong yet flexible organism, generally, if now and then slowly, responsive to the national circumstances and necessities.

“Americans revere their flag as a symbol of the Nation. Indeed, it is because of that reverence that the amendment is under consideration. Few countries in the world would think of amending their Constitution for the purpose of protecting such a symbol.”

Colin Powell (1937) Former U.S. Secretary of State and retired four-star general

1990s, Letter to Patrick Leahy (1999)

“Wherever the government goes, the Constitution goes, and wherever the Constitution goes, the protections that it guarantees restrain the government and requires it to protect those rights.”

Andrew P. Napolitano (1950) American judge and syndicated columnist

Judge Napolitano on Hannity and Colmes http://www.youtube.com/watch?v=bejmEG_t9mI, discussing the Supreme Court rulings on the scope of the protections in the Constitution.
Context: The Constitution applies to persons, not just citizens. If you read the Constitution, its protections are not limited to Americans. And that was written intentionally, because at the time it was written, they didn't know what Native Americans would be. When the post civil war amendments were added, they didn't know how blacks would be considered, because they had a decision of the Supreme Court called Dred Scott, that said blacks are not persons. So in order to make sure the Constitution protected every human being: American, alien; citizen, non-citizen; lawful combatant, enemy combatant; innocent, guilty; those who wish us well, those who wish us ill... they use the broadest possible language, to make it clear: Wherever the government goes, the Constitution goes, and wherever the Constitution goes, the protections that it guarantees restrain the government and requires it to protect those rights.

“If we set the precedent of limiting the First Amendment, in order to protect the sensibilities of those who are offended by flag burning, what will we say the next time someone is offended by some other minority view, or by some other person's exercise of the freedom the Constitution is supposed to protect?”

Ted Kennedy (1932–2009) United States Senator

Constituent letter (1997)

“The complete independence of the Courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the Legislative authority”

Alexander Hamilton Federalist Papers

The Federalist Papers (1787–1788)
Context: The complete independence of the Courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the Legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of the Courts of justice; whose duty it must be to declare all Acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.

No. 78

“If you read the Constitution, its protections are not limited to Americans.”

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