“To the Constitution of the United States the term SOVEREIGN, is totally unknown.”
Chisholm v. Georgia, 2 U.S. (2 Dallas) 419 (1793), at 454.
“To the Constitution of the United States the term SOVEREIGN, is totally unknown.”
Chisholm v. Georgia, 2 U.S. (2 Dallas) 419 (1793), at 454.
Speech in Newcastle (9 October 1909), quoted in The Times (11 October 1909), p. 6
Chancellor of the Exchequer
Quote from Gainsborough's letter to his friend William Jackson of Exeter, from Bath, 2 Sept. 1768; as cited in Thomas Gainsborough, by William T, Whitley https://ia800204.us.archive.org/6/items/thomasgainsborou00whitrich/thomasgainsborou00whitrich.pdf; New York, Charles Scribner's Sons – London, Smith, Elder & Co, Sept. 1915, p. 384 (Appendix A - Letter VII)
1755 - 1769
Interview with Radio.com (July 6, 2016)
Speech http://hansard.millbanksystems.com/commons/1935/may/22/defence-policy in the House of Commons (22 May 1935). This speech reduced the Labour leader George Lansbury to tears (Thomas Jones, A Diary with Letters. 1931-1950 (London: Oxford University Press, 1954), p. 149.)
1935
1920s, Freedom and its Obligations (1924)
The Tragic Sense of Life (1913), X : Religion, the Mythology of the Beyond and the Apocatastasis
Speech in the House of Commons (26 March 1794), reported in The Parliamentary History of England, from the Earliest Period to the Year 1803. Vol. XXXI (London: 1818), pp. 94-95.
1790s
The History of Rome, Volume 2 Translated by W.P. Dickson
On Hannibal the man and soldier
The History of Rome - Volume 2
United Nations expert urges states to cut military spending and invest more in human development http://www.unog.ch/80256EDD006B9C2E/(httpNewsByYear_en)/D5D061E9891363C1C1257CB7003055E0?OpenDocument.
2014
Source: The Crisis of the Modern World (1927), pp. 65-66
My Party, My Choice: The Constitution Party Goes Pro-abort http://www.covenantnews.com/deParrie060502.htm
1850s, The Present Aspect of the Slavery Question (1859)
Henry Giroux . Breaking in to the Movies: Film and the Culture of Politics (2002), p. 81
The Monetary Conference of the American Republics (1891)
Senate speech, 24 August 2004 (excerpts)
2010s, Open letter to Khizr M. Khan (31 July 2016)
Speech regarding Civil Liberties and the War on Terrorism (November 20, 2006)
“In France constitutions come and go, but administrative institutions remain.”
Source: Civil servants and their constitutions, 2002, p. 18
Source: Superiority and Subordination as Subject-matter of Sociology (1896), p. 167
“What the Soviet Constitution gives us no other state has been able to give in two hundred years.”
Collected Works, Vol. 30, p. 502–15, Third All-Russia Trade Union Congress http://www.marxists.org/archive/lenin/works/1920/apr/07.htm
Collected Works
Morarji Desai speaks about life and celibacy
Late Edition with Wolf Blitzer, CNN, December 2, 2007 http://www.youtube.com/watch?v=LTj3STZqviY
2000s, 2006-2009
Out of Their Own Mouths: A Revelation and an Indictment of Sovietism, New York: NY, E.P Dutton and Company (1921) p. 79, co-authored with William English Walling.
Source: Wilhelm Wundt in History: The Making of a Scientific Psychology, 1980, p. 106
Speech in the Senate on the National Bank Charter (February 11, 1811).
John M. Coski, The Confederate Battle Flag: America's Most Embattled Emblem https://archive.is/jcaoZ (2006).
"The War Speeches of William Pitt", Oxford University Press, 1915, p. 7
Speech in the House of Commons, 21 February 1783, on the peace treaty with the United States. Pitt, who was Chancellor of the Exchequer, knew the government would lose the vote and he would have to resign.
From his speech given on 28 November 1960 at laying the foundation-stone of the building of the Law Institute of India, in: p. 15
Presidents of India, 1950-2003
1870s, Message to the Senate and House of Representatives (1870)
1962, Address at Independence Hall
Anarchism: Its Philosophy and Ideal (1896)
Context: A different conception of society, very different from that which now prevails, is in process of formation. Under the name of Anarchy, a new interpretation of the past and present life of society arises, giving at the same time a forecast as regards its future, both conceived in the same spirit as the above-mentioned interpretation in natural sciences. Anarchy, therefore, appears as a constituent part of the new philosophy, and that is why Anarchists come in contact, on so many points, with the greatest thinkers and poets of the present day.
In fact, it is certain that in proportion as the human mind frees itself from ideas inculcated by minorities of priests, military chiefs and judges, all striving to establish their domination, and of scientists paid to perpetuate it, a conception of society arises, in which conception there is no longer room for those dominating minorities. A society entering into possession of the social capital accumulated by the labor of preceding generations, organizing itself so as to make use of this capital in the interests of all, and constituting itself without reconstituting the power of the ruling minorities. It comprises in its midst an infinite variety of capacities, temperaments and individual energies: it excludes none. It even calls for struggles and contentions; because we know that periods of contests, so long as they were freely fought out, without the weight of constituted authority being thrown on the one side of the balance, were periods when human genius took its mightiest flight and achieved the greatest aims. Acknowledging, as a fact, the equal rights of all its members to the treasures accumulated in the past, it no longer recognizes a division between exploited and exploiters, governed and governors, dominated and dominators, and it seeks to establish a certain harmonious compatibility in its midst — not by subjecting all its members to an authority that is fictitiously supposed to represent society, not by trying to establish uniformity, but by urging all men to develop free initiative, free action, free association.
It seeks the most complete development of individuality combined with the highest development of voluntary association in all its aspects, in all possible degrees, for all imaginable aims; ever changing, ever modified associations which carry in themselves the elements of their durability and constantly assume new forms, which answer best to the multiple aspirations of all.
“The Constitution requires an adoption in toto, and for ever.”
1780s, Letter to Alexander Hamilton (1788)
Context: The Constitution requires an adoption in toto, and for ever. It has been so adopted by the other States. An adoption for a limited time would be as defective as an adoption of some of the articles only. In short any condition whatever must viciate the ratification. What the New Congress by virtue of the power to admit new States, may be able & disposed to do in such case, I do not enquire as I suppose that is not the material point at present. I have not a moment to add more than my fervent wishes for your success & happiness.
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.
PENN Address (2004)
Context: It's not everywhere in fashion these days, Americanism. Not very big in Europe, truth be told. No less on Ivy League college campuses. But it all depends on your definition of Americanism.
Me, I'm in love with this country called America. I'm a huge fan of America, I'm one of those annoying fans, you know the ones that read the CD notes and follow you into bathrooms and ask you all kinds of annoying questions about why you didn't live up to that...
I'm that kind of fan. I read the Declaration of Independence and I've read the Constitution of the United States, and they are some liner notes, dude. As I said yesterday I made my pilgrimage to Independence Hall, and I love America because America is not just a country, it's an idea.
Essay, written under the pseudonym "Candidus," in The Boston Gazette (14 October 1771), later published in The Life and Public Services of Samuel Adams (1865) by William Vincent Wells, p. 425
Context: The liberties of our Country, the freedom of our civil constitution are worth defending at all hazards: And it is our duty to defend them against all attacks. We have receiv'd them as a fair Inheritance from our worthy Ancestors: They purchas'd them for us with toil and danger and expence of treasure and blood; and transmitted them to us with care and diligence. It will bring an everlasting mark of infamy on the present generation, enlightened as it is, if we should suffer them to be wrested from us by violence without a struggle; or be cheated out of them by the artifices of false and designing men. Of the latter we are in most danger at present: Let us therefore be aware of it. Let us contemplate our forefathers and posterity; and resolve to maintain the rights bequeath'd to us from the former, for the sake of the latter. — Instead of sitting down satisfied with the efforts we have already made, which is the wish of our enemies, the necessity of the times, more than ever, calls for our utmost circumspection, deliberation, fortitude, and perseverance. Let us remember that "if we suffer tamely a lawless attack upon our liberty, we encourage it, and involve others in our doom." It is a very serious consideration, which should deeply impress our minds, that millions yet unborn may be the miserable sharers of the event.
“If you read the Constitution, its protections are not limited to Americans.”
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.
1870s, Message to the Senate and House of Representatives (1870)
Context: In his first annual message to Congress the same views are forcibly presented, and are again urged in his eighth message. I repeat that the adoption of the fifteenth amendment to the Constitution completes the greatest civil change and constitutes the most important event that has occurred since the nation came into life. The change will be beneficial in proportion to the heed that is given to the urgent recommendations of Washington. If these recommendations were important then, with a population of but a few millions, how much more important now, with a population of 40,000,000, and increasing in a rapid ratio.
Douglas v. Jeannette, 319 U.S. 157, 181 (1943)
Judicial opinions
Letter to William Charles Jarvis (1820)
1820s
Context: You seem to consider the federal judges as the ultimate arbiters of all constitutional questions, a very dangerous doctrine, indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have with others the same passions for the party, for power and the privilege of the corps. Their power is the more dangerous, as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all departments co-equal and co-sovereign within themselves.
Letter to Thomas Jefferson (2 April 1798); published in The Writings of James Madison (1906) edited by Gaillard Hunt, Vol. 6, pp. 312-14
1790s
Context: The constitution supposes, what the History of all Governments demonstrates, that the Executive is the branch of power most interested in war, & most prone to it. It has accordingly with studied care, vested the question of war in the Legislature. But the Doctrines lately advanced strike at the root of all these provisions, and will deposit the peace of the Country in that Department which the Constitution distrusts as most ready without cause to renounce it. For if the opinion of the President not the facts & proofs themselves are to sway the judgment of Congress, in declaring war, and if the President in the recess of Congress create a foreign mission, appoint the minister, & negociate a War Treaty, without the possibility of a check even from the Senate, untill the measures present alternatives overruling the freedom of its judgment; if again a Treaty when made obliges the Legislature to declare war contrary to its judgment, and in pursuance of the same doctrine, a law declaring war, imposes a like moral obligation, to grant the requisite supplies until it be formally repealed with the consent of the President & Senate, it is evident that the people are cheated out of the best ingredients in their Government, the safeguards of peace which is the greatest of their blessings.
1840s, Essays: First Series (1841), Self-Reliance
Context: Inasmuch as the soul is present, there will be power not confident but agent. To talk of reliance is a poor external way of speaking. Speak rather of that which relies, because it works and is. Who has more obedience than I masters me, though he should not raise his finger. Round him I must revolve by the gravitation of spirits. We fancy it rhetoric, when we speak of eminent virtue. We do not yet see that virtue is Height, and that a man or a company of men, plastic and permeable to principles, by the law of nature must overpower and ride all cities, nations, kings, rich men, poets, who are not.
This is the ultimate fact which we so quickly reach on this, as on every topic, the resolution of all into the ever-blessed ONE. Self-existence is the attribute of the Supreme Cause, and it constitutes the measure of good by the degree in which it enters into all lower forms. All things real are so by so much virtue as they contain.
1970s, First Presidential address (1974)
Context: The oath that I have taken is the same oath that was taken by George Washington and by every President under the Constitution. But I assume the Presidency under extraordinary circumstances never before experienced by Americans. This is an hour of history that troubles our minds and hurts our hearts.
Therefore, I feel it is my first duty to make an unprecedented compact with my countrymen. Not an inaugural address, not a fireside chat, not a campaign speech — just a little straight talk among friends. And I intend it to be the first of many.
1960s, The American Promise (1965)
Source: The Geological Evidences of the Antiquity of Man (1863), Ch.21, p. 417
Context: To many, this doctrine of Natural Selection, or 'the preservation of favoured races in the struggle for life,' seems so simple, when once clearly stated, and so consonant with known facts and received principles, that they have difficulty in conceiving how it can constitute a great step in the progress of science. Such is often the case with important discoveries, but in order to assure ourselves that the doctrine was by no means obvious, we have only to refer back to the writings of skilful naturalists who attempted in the earlier part of the nineteenth century, to theorise on this subject, before the invention of this new method of explaining how certain forms are supplanted by new ones, and in what manner these last are selected out of innumerable varieties, and rendered permanent.
1870s, Seventh State of the Union Address (1875)
Context: As the primary step, therefore, to our advancement in all that has marked our progress in the past century, I suggest for your earnest consideration, and most earnestly recommend it, that a constitutional amendment be submitted to the legislatures of the several States for ratification, making it the duty of each of the several States to establish and forever maintain free public schools adequate to the education of all the children in the rudimentary branches within their respective limits, irrespective of sex, color, birthplace, or religions; forbidding the teaching in said schools of religious, atheistic, or pagan tenets; and prohibiting the granting of any school funds or school taxes, or any part thereof, either by legislative, municipal, or other authority, for the benefit or in aid, directly or indirectly, of any religious sect or denomination, or in aid or for the benefit of any other object of any nature or kind whatever.
1840s, Heroes and Hero-Worship (1840), The Hero As King
Context: far be it from me to say or insinuate a word of disparagement against such characters as Hampden, Elliot, Pym; whom I believe to have been right worthy and useful men. I have read diligently what books and documents about them I could come at;—with the honestest wish to admire, to love and worship them like Heroes; but I am sorry to say, if the real truth must be told, with very indifferent success! At bottom, I found that it would not do. They are very noble men, these; step along in their stately way, with their measured euphemisms, philosophies, parliamentary eloquences, Ship-moneys, Monarchies of Man; a most constitutional, unblamable, dignified set of men. But the heart remains cold before them.
"The Individual, Society and the State" (1940) http://www.marxists.org/reference/archive/goldman/works/1940/individual.htm
Context: Perhaps even more than constituted authority, it is social uniformity and sameness that harass the individual most. His very "uniqueness," "separateness" and "differentiation" make him an alien, not only in his native place, but even in his own home. Often more so than the foreign born who generally falls in with the established.
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.
Vincent Ostrom. 1997. The Meaning of Democracy and the Vulnerability of Democracies: A Response to Tocqueville's Challenge. University of Michigan Press. p. 179
Context: I cannot claim to have had any direct personal divine inspiration. Yet coping with multitudinous problem-solving efforts and observing the world in which I live evokes an openness to a mystery of being that I cannot deny. Critical reflection leads me to believe than an awareness of such mysteries is a necessity in the constitution of order in democratic societies. If religion is a necessity in the conceptualization of paradigmatically diverse formulations, religion might be viewed as a necessary element in a system of knowledge pertaining to the consitution of order. We do, however, face the problem of those system of order that were constituted under circumstances of explicitly rejecting religion as a necessary feature in their constitution. We have the potential, then, of those who reject religion becoming the prophets of new secular religions. What we call "ideologies" may be the source of that most profound pathologies in human personal and social disorders.
American Communications Association v. Douds, 339 U.S. 382, 439 (1950)
Judicial opinions
On the "war power"; Woods v. Cloyd W. Miller Co., 333 U.S. 138, 146 (1948) (concurring)
Judicial opinions
Regarding using the words "slave" or "slavery" within the U.S. Constitution, in Madison's notes (25 August 1787)
Variants:
Madison, in convention, when an attempt was made to introduce the term slave into the Constitution, said: "It must not be so; because we intend this Constitution to be the great charter of human liberty to the unborn millions who shall enjoy its protection, and who should never see that such an institution as slavery has ever known in our midst."
As paraphrased or quoted in Our National Condition, and Its Remedy : A Sermon, Preached in the Pine Street Church, Boston, on Sunday, June 22, 1856 (1856) https://archive.org/details/ournationalcondi00dext by Henry Martyn Dexter
Madison said he "thought it wrong to admit in the Constitution the idea that there could be property in man. We intend this Constitution to be the great charter of human liberty to the unborn millions who may enjoy its protection, and who shall never see that such an institution was ever known in their midst.
As paraphrased or quoted in Reminiscences of James A. Hamilton: Or, Men and Events, at Home and Abroad (1869), Appendix D, Property in Man, p. 625 https://books.google.com/books?id=0uQEAAAAYAAJ&pg=PA625#v=twopage&q&f=false
1780s, The Debates in the Federal Convention (1787)
Context: Mr. MADISON thought it wrong to admit in the Constitution the idea that there could be property in men. The reason of duties did not hold, as slaves are not like merchandize, consumed, &c
Source: Tertium Organum (1912; 1922), Ch. I
Context: We know that with the very first awakening of knowledge, man is confronted with two obvious facts:
The existence of the world in which he lives; and the existence of psychic life in himself.
Neither of these can he prove or disprove, but they are facts: they constitute reality for him.
It is possible to meditate upon the mutual correlation of these two facts. It is possible to try to reduce them to one; that is, to regard the psychic or inner world as a part, reflection, or function of the world, or the world as a part, reflection, or function of that inner world. But such a procedure constitutes a departure from facts, and all such considerations of the world and of the self, to the ordinary non-philosophical mind, will not have the character of obviousness. On the contrary the sole obvious fact remains the antithesis of I and Not-I — our inner psychic life and the outer world.
“The Constitution says that no person shall be kept from voting because of his race or his color.”
1960s, The American Promise (1965)
Context: The Constitution says that no person shall be kept from voting because of his race or his color. We have all sworn an oath before God to support and to defend that Constitution. We must now act in obedience to that oath. 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 fights or national rights. There is only the struggle for human rights.
A Few Days in Athens (1822) Vol. II
Context: An opinion, right or wrong, can never constitute a moral offense, nor be in itself a moral obligation. It may be mistaken; it may involve an absurdity, or a contradiction. It is a truth; or it is an error: it can never be a crime or a virtue.
1970s, First Presidential address (1974)
Context: My fellow Americans, our long national nightmare is over.
Our Constitution works; our great Republic is a government of laws and not of men. Here the people rule. But there is a higher Power, by whatever name we honor Him, who ordains not only righteousness but love, not only justice but mercy.
As we bind up the internal wounds of Watergate, more painful and more poisonous than those of foreign wars, let us restore the golden rule to our political process, and let brotherly love purge our hearts of suspicion and of hate.
Gompers v. United States, 233 U.S. 604, 610 (1914).
1910s
343 U.S. 325
Judicial opinions, Zorach v. Clauson (1952)
Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) (concurring)
Judicial opinions
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."
Is this reality or just a bad dream? https://www.youtube.com/watch?v=zdXh6ASMfpc (19 May 2009)
2000s, 2006-2009
Context: The title to my special order tonight is 'Current Conditions or Just a Bad Dream'.
Could it all be a bad dream or a nightmare? Is it my imagination or have we lost our minds? It's surreal, it's just not believable. A grand absurdity, a great deception, a delusion of momentous proportions based on preposterous notions and on ideas whose time should never have come. Simplicity, grossly distorted and complicated. Insanity, passed off as logic. Grandiose schemes built on falsehoods with the morality of Ponzi and Madoff. Evil described as virtue. Ignorance pawned off as wisdom. Destruction and impoverishment in the name of humanitarianism. Violence, the tool of change. Preventive wars used as a road to peace. Tolerance delivered by government guns. Reactionary views in the guise of progress. An empire replacing the republic. Slavery sold as liberty. Excellence and virtue traded for mediocrity. Socialism to save capitalism. A government out of control, unrestrained by the constitution, the rule of law or morality. Bickering over petty politics as we descend into chaos. The philosophy that destroys us is not even defined.
We have broken from reality a psychotic nation. Ignorance with a pretense of knowledge replacing wisdom. Money does not grow on trees, nor does prosperity come from a government printing press or escalating deficits. We are now in the midst of unlimited spending of the people's money. Exorbitant taxation, deficits of trillions of dollars spent on a failed welfare-warfare system. An epidemic of cronyism. Unlimited supplies of paper money equated with wealth. A central bank that deliberately destroys the value of the currency in secrecy, without restraint, without nary a whimper, yet cheered on by the pseudo-capitalists of Wall Street, the military-industrial complex, and Detroit.
We police our world empire with troops on 700 bases and in 130 countries around the world. A dangerous war now spreads throughout the Middle East and Central Asia. Thousands of innocent people being killed as we become known as the torturers of the 21st century. We assume that by keeping the already known torture pictures from the public's eye, we will be remembered only as a generous and good people. If our enemies want to attack us only because we are free and rich, proof of torture would be irrelevant. The sad part of all this is that we have forgotten what made America great, good and prosperous. We need to quickly refresh our memories and once again reinvigorate our love, understanding, and confidence in liberty. The status quo cannot be maintained considering the current conditions. Violence and lost liberty will result without some revolutionary thinking. We must escape from the madness of crowds now gathering.
The good news is that reversal is achievable through peaceful and intellectual means, and fortunately the number of those who care are growing exponentially. Of course it could all be a bad dream, a nightmare, and that I'm seriously mistaken, overreacting, and that my worries are unfounded. I hope so. But just in case, we ought to prepare ourselves for revolutionary changes in the not-too-distant future.
I yield back the balance of my time.
Television interview on MTV's Enough is Enough (19 April 1994) http://www.presidency.ucsb.edu/ws/index.php?pid=49995
1990s
Context: When we got organized as a country and we wrote a fairly radical Constitution with a radical Bill of Rights, giving a radical amount of individual freedom to Americans, it was assumed that the Americans who had that freedom would use it responsibly. That is, when we set up this country, abuse of people by Government was a big problem. So if you read the Constitution, it's rooted in the desire to limit the ability of — Government's ability to mess with you, because that was a huge problem. It can still be a huge problem. But it assumed that people would basically be raised in coherent families, in coherent communities, and they would work for the common good, as well as for the individual welfare.
[O] : Introduction, 0.7
Semiotics and the Philosophy of Language (1984)
Context: A philosophy does not play its role as an actor during a recital; it interacts with other philosophies and with other facts, and it cannot know the results of the interaction between itself and other world visions. World visions can conceive of everything, except alternative world visions, if not in order to criticize them and to show their inconsistency. Affected as they are by a constitutive solipsism, philosophies can say everything about the world they design and very little about the world they help to construct.
Hunger of Memory: The Education of Richard Rodriguez (1982)
Context: Courses were offered in such fields as nineteenth-century black history and Hispanic-American folk art. The activists made a peculiar claim for these classes. They insisted that the courses would alleviate the cultural anxiety of nonwhite students by permitting them to stay in touch with their home culture. The perspective gained in the classroom or the library does indeed permit an academic to draw nearer to and understand better the culture of the alien poor. But the academic is brought closer to lower-class culture because of his very distance from it. Leisured, and skilled at abstracting from immediate experience, the scholar is able to see how aspects of individual experience constitute a culture. By contrast, the poor have neither the inclination nor the skill to imagine their lives so abstractly.
17 U.S. (4 Wheaton) 316, 426
McCulloch v. Maryland (1819)
Context: This great principle is that the Constitution and the laws made in pursuance thereof are supreme; that they control the Constitution and laws of the respective States, and cannot be controlled by them. From this, which may be almost termed an axiom, other propositions are deduced as corollaries, on the truth or error of which, and on their application to this case, the cause has been supposed to depend. These are, 1st. That a power to create implies a power to preserve; 2d. That a power to destroy, if wielded by a different hand, is hostile to, and incompatible with these powers to create and to preserve; 3d. That, where this repugnancy exists, that authority which is supreme must control, not yield to that over which it is supreme.
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.
17 U.S. (4 Wheaton) 316, 407
McCulloch v. Maryland (1819)
17 U.S. (4 Wheaton) 316, 404-405
McCulloch v. Maryland (1819)
Context: The convention which framed the Constitution was indeed elected by the State legislatures. But the instrument, when it came from their hands, was a mere proposal, without obligation or pretensions to it. It was reported to the then existing Congress of the United States with a request that it might "be submitted to a convention of delegates, chosen in each State by the people thereof, under the recommendation of its legislature, for their assent and ratification." This mode of proceeding was adopted, and by the convention, by Congress, and by the State legislatures, the instrument was submitted to the people. They acted upon it in the only manner in which they can act safely, effectively and wisely, on such a subject — by assembling in convention. It is true, they assembled in their several States — and where else should they have assembled? No political dreamer was ever wild enough to think of breaking down the lines which separate the States, and of compounding the American people into one common mass. Of consequence, when they act, they act in their States. But the measures they adopt do not, on that account, cease to be the measures of the people themselves, or become the measures of the State governments. From these conventions the Constitution derives its whole authority. The government proceeds directly from the people; is "ordained and established" in the name of the people, and is declared to be ordained, "in order to form a more perfect union, establish justice, insure domestic tranquillity, and secure the blessings of liberty to themselves and to their posterity." The assent of the States in their sovereign capacity is implied in calling a convention, and thus submitting that instrument to the people. But the people were at perfect liberty to accept or reject it, and their act was final. It required not the affirmance, and could not be negatived, by the State Governments. The Constitution, when thus adopted, was of complete obligation, and bound the State sovereignties.
Source: The Revolution of Nihilism: Warning to the West (1939), p. 4
Chap. IV. On the Origin of Geometry, and its Inventors, pp. 98-99. Footnote (Taylor's): Aristotle was called demoniacal by the Platonic philosophers, in consequence of the encomium bestowed on him by his master, Plato, "That he was the dæmon of nature." Indeed, his great knowledge in things subject to the dominion of nature, well deserved this encomium, and the epithet divine, has been universally ascribed to Plato, from his profound knowledge of the intelligible world.
The Philosophical and Mathematical Commentaries of Proclus on the First Book of Euclid's Elements Vol. 1 (1788)
Letter to his son http://radgeek.com/gt/2005/01/03/robert-e-Lee-owned-slaves-and-defended-slavery/, G. W. Custis Lee (23 January 1861).
1860s
Context: I can anticipate no greater calamity for the country than a dissolution of the Union. It would be an accumulation of all the evils we complain of, and I am willing to sacrifice everything but honor for its preservation. I hope, therefore, that all constitutional means will be exhausted before there is a resort to force. Secession is nothing but revolution. The framers of our Constitution never exhausted so much labor, wisdom, and forbearance in its formation, and surrounded it with so many guards and securities, if it was intended to be broken by every member of the Confederacy at will. It is intended for 'perpetual Union,' so expressed in the preamble, and for the establishment of a government, not a compact, which can only be dissolved by revolution, or the consent of all the people in convention assembled. It is idle to talk of secession: anarchy would have been established, and not a government, by Washington, Hamilton, Jefferson, Madison, and all the other patriots of the Revolution. … Still, a Union that can only be maintained by swords and bayonets, and in which strife and civil war are to take the place of brotherly love and kindness, has no charm for me. I shall mourn for my country and for the welfare and progress of mankind. If the Union is dissolved and the Government disrupted, I shall return to my native State and share the miseries of my people, and, save in defense will draw my sword on none.
Source: The Struggle for Judicial Supremacy: A Study in Crisis in American Power Politics (1941), P. 297
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.
1890s, Plessy v. Ferguson (1896)
Context: A State cannot, consistently with the Constitution of the United States, prevent white and black citizens, having the required qualifications for jury service, from sitting in the same jury box, it is now solemnly held that a State may prohibit white and black citizens from sitting in the same passenger coach on a public highway, or may require that they be separated by a 'partition', when in the same passenger coach. May it not now be reasonably expected that astute men of the dominant race, who affect to be disturbed at the possibility that the integrity of the white race may be corrupted, or that its supremacy will be imperiled, by contact on public highways with black people, will endeavor to procure statutes requiring white and black jurors to be separated in the jury box by a 'partition', and that, upon retiring from the courtroom to consult as to their verdict, such partition, if it be a moveable one, shall be taken to their consultation room and set up in such way as to prevent black jurors from coming too close to their brother jurors of the white race. If the 'partition' used in the courtroom happens to be stationary, provision could be made for screens with openings through which jurors of the two races could confer as to their verdict without coming into personal contact with each other. I cannot see but that, according to the principles this day announced, such state legislation, although conceived in hostility to, and enacted for the purpose of humiliating, citizens of the United States of a particular race, would be held to be consistent with the Constitution.
I confess I secretly suspect the Republicanism of an orator who is more anxious to show his hearers that he respects what he calls the rights of slavery than that he loves the rights of man. If God be just and the human instinct true, slavery has no rights at all. It has only a legalized toleration. Have I a right to catch a weaker man than I, and appropriate him, his industry, and his family, forever, against his will, to my service? Because if I have, any man stronger than I has the same right over me. But if I have not, what possible right is represented by the two thousand million dollars of property in human beings in this country? It is the right of Captain Kidd on the sea, of Dick Turpin on the land. I certainly do not say that every slave-holder is a bad man, because I know the contrary. The complicity of many with the system is inherited, and often unwilling. But to rob a man of his liberty, to make him so far as possible a brute and a thing, is not less a crime against human nature because it is organized into a hereditary system of frightful proportions. A wrong does not become a right by being vested.
1850s, The Present Aspect of the Slavery Question (1859)
2000s, The Logic of the Colorblind Constitution (2004)
Speech to the Jersey City Chamber of Commerce (12 January 1938), as quoted in The Last Three Miles : Politics, Murder, and the Construction of America's First Superhighway (2007) by Steven Hart, p. 137.
Context: As long as I am mayor of this city the great industries are secure. We hear about constitutional rights, free speech and the free press. Every time I hear these words I say to myself, "That man is a Red, that man is a Communist." You never hear a real American talk like that.
A Poets View (1984)
Context: Acknowledgement, and celebration, of mystery probably constitutes the most consistent theme of my poetry from its very beginnings. Because it is a matter of which I am conscious, it is possible, however imprecisely, to call it an intellectual position; but it is one which emphasizes the incapacity of reason alone (much though I delight in elegant logic) to comprehend experience, and considers Imagination the chief of human faculties. It must therefore be by the exercise of that faculty that one moves toward faith, and possibly by its failure that one rejects it as delusion. Poems present their testimony as circumstantial evidences, not as closing argument. Where Wallace Stevens says, "God and the imagination are one," I would say that the imagination, which synergizes intellect, emotion and instinct, is the perceptive organ through which it is possible, though not inevitable, to experience God.
Preface, Leading Case of Jesus Christ
1930s, On the Rocks (1933)
Context: I dislike cruelty, even cruelty to other people, and should therefore like to see all cruel people exterminated. But I should recoil with horror from a proposal to punish them. Let me illustrate my attitude by a very famous, indeed far too famous, example of the popular conception of criminal law as a means of delivering up victims to the normal popular lust for cruelty which has been mortified by the restraint imposed on it by civilization. Take the case of the extermination of Jesus Christ. No doubt there was a strong case for it. Jesus was from the point of view of the High Priest a heretic and an impostor. From the point of view of the merchants he was a rioter and a Communist. From the Roman Imperialist point of view he was a traitor. From the commonsense point of view he was a dangerous madman. From the snobbish point of view, always a very influential one, he was a penniless vagrant. From the police point of view he was an obstructor of thoroughfares, a beggar, an associate of prostitutes, an apologist of sinners, and a disparager of judges; and his daily companions were tramps whom he had seduced into vagabondage from their regular trades. From the point of view of the pious he was a Sabbath breaker, a denier of the efficacy of circumcision and the advocate of a strange rite of baptism, a gluttonous man and a winebibber. He was abhorrent to the medical profession as an unqualified practitioner who healed people by quackery and charged nothing for the treatment. He was not anti-Christ: nobody had heard of such a power of darkness then; but he was startlingly anti-Moses. He was against the priests, against the judiciary, against the military, against the city (he declared that it was impossible for a rich man to enter the kingdom of heaven), against all the interests, classes, principalities and powers, inviting everybody to abandon all these and follow him. By every argument, legal, political, religious, customary, and polite, he was the most complete enemy of the society of his time ever brought to the bar. He was guilty on every count of the indictment, and on many more that his accusers had not the wit to frame. If he was innocent then the whole world was guilty. To acquit him was to throw over civilization and all its institutions. History has borne out the case against him; for no State has ever constituted itself on his principles or made it possible to live according to his commandments: those States who have taken his name have taken it as an alias to enable them to persecute his followers more plausibly.
It is not surprising that under these circumstances, and in the absence of any defence, the Jerusalem community and the Roman government decided to exterminate Jesus. They had just as much right to do so as to exterminate the two thieves who perished with him.
Source: "The Task of Maintaining Our Liberties: The Role of the Judiciary" (1953), P. 962
Context: For over a century it has been the settled doctrine of the Supreme Court that the principle of stare decisis has only limited application in constitutional cases. It might be thought that if any law is to be stabilized by a court decision it logically should be the most fundamental of all law -- that of the Constitution. But the years brought about a doctrine that such decisions must be tentative and subject to judicial cancellation if experience fails to verify them. The result is that constitutional precedents are accepted only at their current valuation and have a mortality rate almost as high as their authors.
Source: The Struggle for Judicial Supremacy: A Study in Crisis in American Power Politics (1941), P. 8
Speech to Parliament http://www.british-history.ac.uk/report.asp?compid=36881 (4 February 1658), quoted in The Diary of Thomas Burton, esq., volume 2: April 1657 - February 1658 (1828), p. 465-466
Islamic principles today are as much applicable to life as they were 1300 years ago.
Address to Karachi Bar Association (25 January 1948)
1920s, Equal Rights (1920)
Context: We revere that day because it marks the beginnings of independence, the beginnings of a constitution that was finally to give universal freedom and equality to all American citizens — the beginnings of a government that was to recognize beyond all others the power and worth and dignity of man. There began the first of governments to acknowledge that it was founded on the sovereignty of the people. There the world first beheld the revelation of modern democracy.
78 U.S. 92.
Judicial opinions, United States v. Ballard (1944)
“This text is, in fact, a rerun of a great part of the substance of the constitutional treaty.”
On the Lisbon Treaty, in his blog, 25 June 2007, Valéry Giscard d'Estaing: Conclusions du Conseil européen de Bruxelles, 21 et 22 juin 2007 http://vge-europe.eu/index.php?post/2007/06/25/Conclusions-du-Conseil-europeen-de-Bruxelles-21-et-22-juin-2007, 25 June 2007.
UN Address (1999)
Context: Our country today is at a stage in our foreign policy similar to that crucial point in our nation's early history when our Constitution was produced in Philadelphia.
Let us hear the peal of a new international liberty bell that calls us all to the creation of a system of enforceable world law in which the universal desire for peace can place its hope and prayers.
As Carl Van Doren has written, "History is now choosing the founders of the World Federation. Any person who can be among that number and fails to do so has lost the noblest opportunity of a lifetime."