Source: A Short History Of The English Law (First Edition) (1912), Chapter XIX, Modern Civil Procedure, p. 360
Speaking at the House of Representatives on the Texas Low-Level Radioactive Waste Disposal Compact, in 7 October 1997. https://www.congress.gov/congressional-record/1997/10/7/house-section/article/h8512-1?q=%7B%22search%22%3A%5B%22%5C%22all+that+Texas+and+Maine+and+Vermont+are+asking+for+today%5C%22%22%5D%7D&r=1
1990s
Source: Memoirs Of A Bird In A Gilded Cage (1969), CHAPTER 7, The Favreau tragedy, p. 134
Speech in the House of Commons on the Stamp Act (14 January 1766), quoted in William Pitt, The Speeches of the Right Honourable the Earl of Chatham in the Houses of Lords and Commons: With a Biographical Memoir and Introductions and Explanatory Notes to the Speeches (London: Aylott & Jones, 1848), pp. 71-6.
"The State Within the State" (1991).
1990s, For the Sake of Argument: Essays and Minority Reports (1993)
1920s, Second State of the Union Address (1924)
Source: In Defense of Chaos: The Chaology of Politics, Economics and Human Action, (2013), p. 50
Principal Speech Against Unconditional Repeal (16 August 1893)
Eric Chu (2015) cited in " Chu meets AIT's Kin; mum on US trip http://www.chinapost.com.tw/taiwan/national/presidential-election/2015/10/21/448879/Chu-meets.htm" on The China Post, 21 October 2015.
Speech in the House of Commons (10 March 1981) http://www.margaretthatcher.org/document/104593
First term as Prime Minister
Proceedings of the Constitutional Convention of the United Auto Workers, Vol. 22 (1970)
In an interview with the Indian Express on 15 August 1954 http://books.google.com.kh/books?id=RbgXRdnHkiAC&pg=PA224&lpg=PA224&dq=cv+raman+looking+down+and+sizing+the+situation&source=bl&ots=preDjltao8&sig=J4b2YkQoKPAZiK9iofszC60u5Ss&hl=en&sa=X&ei=yrLtU_6mGsrn8AXfjYL4DA&redir_esc=y.
“Most States have enshrined in their Constitution and legislation the concept of ordre public”
Report of the Independent Expert on the promotion of a democratic and equitable international order on the adverse impacts of free trade and investment agreements on a democratic and equitable international order http://www.ohchr.org/EN/Issues/IntOrder/Pages/Reports.aspx.
2015, Report submitted to the UN General Assembly
Source: Memoirs Of A Bird In A Gilded Cage (1969), CHAPTER 5, The Canada Pension Plan, p. 83
2016 Presidential Campaign Rally in Madison, Wisconsin, (1 July 2015) https://www.youtube.com/watch?v=OewBDIwy-O4 at 43:00
2010s, 2015
Writing for the court, Day-Brite Lighting, Inc. v. Missouri, 342 U.S. 421 (1952)
Judicial opinions
in "Consolations of the Conservative" from Points of Friction (1920)
4 December 1893
New Lamps for Old (1893)
Additional remarks about the proposed Reconciliation and Unity Commission
Introduction, p. 2 ; quoted in: " Professor Kenneth Minogue http://www.telegraph.co.uk/news/obituaries/10155678/Professor-Kenneth-Minogue.html" in telegraph.co.uk, 2 July 2013.
The Servile Mind: How Democracy Erodes the Moral Life
Amartya Sen, "Human Rights and Asian Values" Sixteenth Annual Morgenthau Memorial Lecture on Ethics and Foreign Policy, May 25, 1997; Republished in: Tibor R. Machan (2013), Business Ethics in the Global Market. p. 69
1990s
Speech in Westminster Hall (30 November 1954) for his eightieth birthday, quoted in The Times (1 December 1954), p. 11
Post-war years (1945–1955)
Roth Lecture, USC Law School (20 November 1998).
The Life of Reason: The Phases of Human Progress (1905-1906), Vol. V, Reason in Science
“Being a good administrator and a bad politician, Pombal was not always a happy legislator.”
Le Marquis de Pombal, p. 374
Le marquis de Pombal (1869)
Opposition to the proposed Reconciliation and Unity Commission
Quotes 1990s, 1995-1999, Education and Democracy, 1995
1920s, Freedom and its Obligations (1924)
Source: Onward Industry!, 1931, p. 47, as cited in Lyndall Urwick (1937;50)
1960s
Source: 1967 Islamic Law and Constitution, Mawdudi's writings collected and translated into English by Khurshid Ahmad, p. 77; quoted in: Charles J. Adam, "Mawdudi and the Islamic State," in John L. Esposito, ed., Voices of Resurgent Islam, (New York: Oxford University Press, 1983) on page 125.
On the "war power"; Woods v. Cloyd W. Miller Co., 333 U.S. 138, 146 (1948) (concurring)
Judicial opinions
Address to the Constituent Assembly (1947)
Context: The first and the foremost thing that I would like to emphasize is this — remember that you are now a sovereign legislative body and you have got all the powers. It, therefore, places on you the gravest responsibility as to how you should take your decisions. The first observation that I would like to make is this: You will no doubt agree with me that the first duty of a government is to maintain law and order, so that the life, property and religious beliefs of its subjects are fully protected by the State.
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.
1760s, A Dissertation on the Canon and Feudal Law (1765)
Context: The poor people, it is true, have been much less successful than the great. They have seldom found either leisure or opportunity to form a union and exert their strength; ignorant as they were of arts and letters, they have seldom been able to frame and support a regular opposition. This, however, has been known by the great to be the temper of mankind; and they have accordingly labored, in all ages, to wrest from the populace, as they are contemptuously called, the knowledge of their rights and wrongs, and the power to assert the former or redress the latter. I say RIGHTS, for such they have, undoubtedly, antecedent to all earthly government, — Rights, that cannot be repealed or restrained by human laws — Rights, derived from the great Legislator of the universe.
“They see a race of law-makers legislating without knowing what their laws are about”
Source: Law and Authority (1886), I
Context: They see a race of law-makers legislating without knowing what their laws are about; today voting a law on the sanitation of towns, without the faintest notion of hygiene, tomorrow making regulations for the armament of troops, without so much as understanding a gun; making laws about teaching and education without ever having given a lesson of any sort, or even an honest education to their own children; legislating at random in all directions, but never forgetting the penalties to be meted out to ragamufffins, the prison and the galleys, which are to be the portion of men a thousand times less immoral than these legislators themselves.
I Ain't Got Time To Bleed (1999)
Context: People are always shocked when they ask me what I plan to do about crime as governor and my answer comes back as "Nothing!" Does the issue of crime need to be addressed? You bet it does. But, just as with many other social issues, I don't think that legislation is the most effective arena in which to fight crime. We already have tons of laws on the books. Most of those laws would work more effectively if we just enforced them better.
As governor, there isn't a lot I can do beyond that to crack down on crime. Law enforcement is really a local issue. It's the cops' job to tighten down on criminals.
Politicians always like to say "I'm gonna fight crime!" because it makes them sound great and gets them votes. But what can a politician do to fight crime?
The Paris Review interview (1994)
Context: When I see bad-looking bikers with black leather studs on their wrists hanging out at the Oregon Country Fair, I take it as a sign of health. No, I don’t want them hanging around, but trying to eliminate them all, arrest them all, legislate against them all — that’s evil. I have asked feminists, If you could, would you eliminate all male chauvinist pigs? If you could come up with some kind of spray to spray in the air and do away with them, would you? Would you do away with all scorpions and rattlesnakes, mosquitoes? Mosquitoes are part of the ecosystem. So are male chauvinist pigs. You’ve got to fight them, but you don’t try to exterminate them. A purifying group or system that would eliminate them all — that would be an evil force. Anytime you have a force that comes along and says, We will eradicate these people, you have evil. Looking back in history, what has seemed the worst turns out not to be the worst.
Emotion should never dictate policy https://web.archive.org/web/20120119215614/http://www.ronpaularchive.com/1998/01/emotion-should-never-dictate-policy/ (January 12, 1998).
Press conference regarding the impeachment of President Clinton, 1998.
1990s
Context: In the emotion of the moment, people often say and do reckless things. For the individual, that can have deep ramifications. But when it is a single individual acting unreasonably in the throes of emotion in the face of sorrow, then the consequences are borne by only that person and his family. But when the government behaves recklessly in response to a tragedy, the consequences can be felt by everyone. This is especially true when politicians get in on the act. We can think back no further than July of 1996, when a plane carrying several hundred people suddenly and mysteriously crashed off the coast of Long Island. Within days, Congress had passed emergency legislation calling for costly new security measures, including a controversial “screening” method which calls for airlines to arbitrarily detain passengers just because the person meets certain criteria which border on racist and xenophobic.
Political Disquisitions (1774)
Context: All lawful authority, legislative, and executive, originates from the people. Power in the people is like light in the sun: native, original, inherent, and unlimited by anything human. In governors it may be compared to the reflected light of the moon, for it is only borrowed, delegated, and limited by the intention of the people; whose it is, and to whom governors are to consider themselves aa responsible, while the people are answerable only to God; — themselves being the losers, if they pursue a false scheme of politics.
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.
1860s, First State of the Union Address (1869)
Context: Through the agency of a more enlightened policy than that heretofore pursued toward China, largely due to the sagacity and efforts of one of our own distinguished citizens, the world is about to commence largely increased relations with that populous and hitherto exclusive nation. As the United States have been the initiators in this new policy, so they should be the most earnest in showing their good faith in making it a success. In this connection I advise such legislation as will forever preclude the enslavement of the Chinese upon our soil under the name of coolies, and also prevent American vessels from engaging in the transportation of coolies to any country tolerating the system. I also recommend that the mission to China be raised to one of the first class.
1880s, Personal Memoirs of General U. S. Grant (1885)
Context: The winter of 1860-1 will be remembered by middle-aged people of to-day as one of great excitement. South Carolina promptly seceded after the result of the Presidential election was known. Other Southern States proposed to follow. In some of them the Union sentiment was so strong that it had to be suppressed by force. Maryland, Delaware, Kentucky and Missouri, all Slave States, failed to pass ordinances of secession; but they were all represented in the so-called congress of the so-called Confederate States. The Governor and Lieutenant-Governor of Missouri, in 1861, Jackson and Reynolds, were both supporters of the rebellion and took refuge with the enemy. The governor soon died, and the lieutenant-governor assumed his office; issued proclamations as governor of the State; was recognized as such by the Confederate Government, and continued his pretensions until the collapse of the rebellion. The South claimed the sovereignty of States, but claimed the right to coerce into their confederation such States as they wanted, that is, all the States where slavery existed. They did not seem to think this course inconsistent. The fact is, the Southern slave-owners believed that, in some way, the ownership of slaves conferred a sort of patent of nobility—a right to govern independent of the interest or wishes of those who did not hold such property. They convinced themselves, first, of the divine origin of the institution and, next, that that particular institution was not safe in the hands of any body of legislators but themselves.
Ch. 16.
Oliver Wendell Holmes, Jr., dissenting, Adkins, et al., Constituting the Minimum Wage Board of the District of Columbia, v. Children's Hospital of the District of Columbia; Same v. Lyons, 261 U.S. 569–70 (1923).
1920s
Remarks on the House floor, in debates on Cod Fishery bill (February 1792) http://books.google.com/books?id=DmkFAAAAQAAJ&pg=PA363&dq=%22they+may+take+into+their+own+hands+the+education%22&hl=en&ei=3lGmTpvpEcOftweb7YQg&sa=X&oi=book_result&ct=result&resnum=3&ved=0CDcQ6AEwAg#v=onepage&q=%22they%20may%20take%20into%20their%20own%20hands%20the%20education%22&f=false
1790s
Context: If Congress can apply money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may establish teachers in every State, county, and parish, and pay them out of the public Treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may undertake the regulation of all roads other than post roads. In short, every thing, from the highest object of State legislation, down to the most minute object of police, would be thrown under the power of Congress; for every object I have mentioned would admit the application of money, and might be called, if Congress pleased, provisions for the general welfare.
Pages 22–23.
"The Scope and Method of Political Economy in the Light of the 'Marginal' Theory of Value and Distribution" (1914), §II
Context: Social reformers and legislators will never be economists, and they will always work on economic theory of one kind or another. They will quote and apply such dicta as they can assimilate, and such acknowledged principles as seem to serve their turn. Let us suppose there were a recognised body of economic doctrine the truth and relevancy of which perpetually revealed itself to all who looked below the surface, which taught men what to expect and how to analyse their experience; which insisted at every turn on the illuminating relation between our conduct in life and our conduct in business; which drove the analysis of our daily administration of our individual resources deeper, and thereby dissipated the mist that hangs about our economic relations, and concentrated attention upon the uniting and all-penetrating principles of our study. Economics might even then be no more than a feeble barrier against passion, and might afford but a feeble light to guide honest enthusiasm, but it would exert a steady and a cumulative pressure, making for the truth. While the experts worked on severer methods than ever, popularisers would be found to drive homely illustrations and analogies into the general consciousness; and the roughly understood dicta bandied about in the name of Political Economy would at any rate stand in some relation to truth and to experience, instead of being, as they too often are at present, a mere armoury of consecrated paradoxes that cannot be understood because they are not true, that every one uses as weapons while no one grasps them as principles.
Letter to Francis W. Gilmer (27 June 1816); The Writings of Thomas Jefferson edited by Ford, vol. 10, p. 32
1810s
Context: Our legislators are not sufficiently apprized of the rightful limits of their power; that their true office is to declare and enforce only our natural rights and duties, and to take none of them from us. No man has a natural right to commit aggression on the equal rights of another; and this is all from which the laws ought to restrain him; every man is under the natural duty of contributing to the necessities of the society; and this is all the laws should enforce on him; and, no man having a natural right to be the judge between himself and another, it is his natural duty to submit to the umpirage of an impartial third. When the laws have declared and enforced all this, they have fulfilled their functions, and the idea is quite unfounded, that on entering into society we give up any natural right.
New Fragments (1892)
Context: To legislation... the Puritans resorted. Instead of guiding, they repressed, and thus pitted themselves against the unconquerable impulses of human nature. Believing that nature to be depraved, they felt themselves logically warranted in putting it in irons. But they failed; and their failure ought to be a warning to their successors.<!--p.34
John F. Kennedy: "Television and Radio Interview: "After Two Years — a Conversation With the President" (17 December 1962) http://www.presidency.ucsb.edu/ws/?pid=9060<!-- Online by Gerhard Peters and John T. Woolley, The American Presidency Project -->
1962
Context: There is a limitation, in other words, upon the power of the United States to bring about solutions. I think our people get awfully impatient and maybe fatigued and tired, and saying "We have been carrying this burden for 17 years; can we lay it down?" We can't lay it down, and I don't see how we are going to lay it down in this century. So that I would say that the problems are more difficult than I had imagined them to be. The responsibilities placed on the United States are greater than I imagined them to be, and there are greater limitations upon our ability to bring about a favorable result than I had imagined them to be. And I think that is probably true of anyone who becomes President, because there is such a difference between those who advise or speak or legislate, and between the man who must select from the various alternatives proposed and say that this shall be the policy of the United States. It is much easier to make the speeches than it is to finally make the judgments, because unfortunately your advisers are frequently divided. If you take the wrong course, and on occasion I have, the President bears the burden of the responsibility quite rightly. The advisers may move on to new advice.
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
The Farmer Refuted (1775)
Context: The right of parliament to legislate for us cannot be accounted for upon any reasonable grounds. The constitution of Great Britain is very properly called a limited monarchy, the people having reserved to themselves a share in the legislature, as a check upon the regal authority, to prevent its degenerating into despotism and tyranny. The very aim and intention of the democratical part, or the house of commons, is to secure the rights of the people. Its very being depends upon those rights. Its whole power is derived from them, and must be terminated by them.
Vetoing a Bill that would have imposed fines on owners who allowed cats to run at large. (23 April 1949)
Context: The problem of cat versus bird is as old as time. If we attempt to resolve it by legislation who knows but what we may be called upon to take sides as well in the age old problems of dog versus cat, bird versus bird, or even bird versus worm. In my opinion, the State of Illinois and its local governing bodies already have enough to do without trying to control feline delinquency.
For these reasons, and not because I love birds the less or cats the more, I veto and withhold my approval from Senate Bill No. 93.
Letter to Abigail Adams (12 May 1780)
1780s
Context: The science of government it is my duty to study, more than all other sciences; the arts of legislation and administration and negotiation ought to take the place of, indeed exclude, in a manner, all other arts. I must study politics and war, that our sons may have liberty to study mathematics and philosophy. Our sons ought to study mathematics and philosophy, geography, natural history and naval architecture, navigation, commerce and agriculture in order to give their children a right to study painting, poetry, music, architecture, statuary, tapestry and porcelain.
Source: Law and Authority (1886), II
Context: Legislators confounded in one code the two currents of custom of which we have just been speaking, the maxims which represent principles of morality and social union wrought out as a result of life in common, and the mandates which are meant to ensure external existence to inequality.
Customs, absolutely essential to the very being of society, are, in the code, cleverly intermingled with usages imposed by the ruling caste, and both claim equal respect from the crowd. "Do not kill," says the code, and hastens to add, "And pay tithes to the priest." "Do not steal," says the code, and immediately after, "He who refuses to pay taxes, shall have his hand struck off."
Such was law; and it has maintained its two-fold character to this day. Its origin is the desire of the ruling class to give permanence to customs imposed by themselves for their own advantage. Its character is the skillful commingling of customs useful to society, customs which have no need of law to insure respect, with other customs useful only to rulers, injurious to the mass of the people, and maintained only by the fear of punishment.
"Special Message to the Congress on Federal Pay Reform (55)" (20 February 1962) http://www.jfklibrary.org/Research/Research-Aids/Ready-Reference/JFK-Quotations.aspx<!-- Public Papers of the President: John F. Kennedy, 1962 -->
1962
Context: The success of this Government, and thus the success of our Nation, depends in the last analysis upon the quality of our career services. The legislation enacted by the Congress, as well as the decisions made by me and by the department and agency heads, must all be implemented by the career men and women in the Federal service. In foreign affairs, national defense, science and technology, and a host of other fields, they face problems of unprecedented importance and perplexity. We are all dependent on their sense of loyalty and responsibility as well as their competence and energy.
State of the Union Address (12 January 1977) http://www.ford.utexas.edu/library/speeches/761057.htm
1970s
Context: The exclusive right to declare war, the duty to advise and consent on the part of the Senate, the power of the purse on the part of the House are ample authority for the legislative branch and should be jealously guarded. But because we may have been too careless of these powers in the past does not justify congressional intrusion into, or obstruction of, the proper exercise of Presidential responsibilities now or in the future. There can be only one Commander in Chief. In these times crises cannot be managed and wars cannot be waged by committee, nor can peace be pursued solely by parliamentary debate. To the ears of the world, the President speaks for the Nation. While he is, of course, ultimately accountable to the Congress, the courts, and the people, he and his emissaries must not be handicapped in advance in their relations with foreign governments as has sometimes happened in the past.
The reference to Cassius is that of the character in William Shakespeare's play Julius Caesar. Listen to an mp3 sound file http://www.otr.com/murrow_mccarthy.shtml of parts of this statement.
See It Now (1954)
Context: No one familiar with the history of this country can deny that congressional committees are useful. It is necessary to investigate before legislating, but the line between investigating and persecuting is a very fine one and the junior Senator from Wisconsin has stepped over it repeatedly. His primary achievement has been in confusing the public mind as between the internal and the external threats of communism. We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. We will not walk in fear, one of another. We will not be driven by fear into an age of unreason, if we dig deep in our history and our doctrine, and remember that we are not descended from fearful men — not from men who feared to write, to speak, to associate and to defend causes that were, for the moment, unpopular. This is no time for men who oppose Senator McCarthy's methods to keep silent, or for those who approve. We can deny our heritage and our history, but we cannot escape responsibility for the result. There is no way for a citizen of a republic to abdicate his responsibilities. As a nation we have come into our full inheritance at a tender age. We proclaim ourselves, as indeed we are, the defenders of freedom, wherever it continues to exist in the world, but we cannot defend freedom abroad by deserting it at home. The actions of the junior Senator from Wisconsin have caused alarm and dismay amongst our allies abroad, and given considerable comfort to our enemies. And whose fault is that? Not really his. He didn't create this situation of fear; he merely exploited it — and rather successfully. Cassius was right. "The fault, dear Brutus, is not in our stars, but in ourselves." Good night, and good luck.
1820s, Letter to A. Coray (1823)
Context: Our different States have differently modified their several judiciaries as to the tenure of office. Some appoint their judges for a given term of time; some continue them during good behavior, and that to be determined on by the concurring vote of two-thirds of each legislative House. In England they are removable by a majority only of each House. The last is a practicable remedy; the second is not. The combination of the friends and associates of the accused, the action of personal and party passions, and the sympathies of the human heart, will forever find means of influencing one-third of either the one or the other House, will thus secure their impunity, and establish them in fact for life. The first remedy is the best, that of appointing for a term of years only, with a capacity of reappointment if their conduct has been approved.
From the Preface
A Soldier Reports (1976)
Context: Serving one's country as a military man is rewarding experience. It is nevertheless a life of constraint. A military man serves within carefully prescribed limits, be it as enlisted man, junior officer, battalion commander, division commander, even senior field commander in time of war. The freedom to speak out in the manner of the private citizen, journalist, politician, legislator has no part in the assignment. Perhaps this is one reason why generals who have hung up their uniforms traditionally turn to the pen, seek an opportunity for free expression that they have long denied themselves, to report to the people they have served. In these pages I have tried to exercise that prerogative that in the end is mine, while at the same time seeking to make an objective and constructive contribution to the history of a dramatic era. In the idiom of the time, I have tried to tell it like it was. This is my personal story, yet inevitably it represents more than that; for my story is inextricably involved with the stories of those who served with me during thirty-six years in the United States Army- from wooden-wheeled artillery to antiballistic missile, from horse to spaceship, from volunteer army to draftee army in three wars and back to volunteer army. My story is particularly involved with the stories of those who served with such valor and sacrifice in the Republic of Vietnam. My hope is that in telling my story I have in some manner done justice to theirs, that I have to some degree contributed to an appreciation by the American people of arduous, imaginative, valiant service in spite of alien environment, hardship, restriction, frustration, misunderstanding, and vocal and demonstrative opposition.
United States v. Robel (1967) - Findlaw file http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=389&invol=258
Context: This concept of "national defense" cannot be deemed an end in itself, justifying any exercise of legislative power designed to promote such a goal. Implicit in the term "national defense" is the notion of defending those values and ideals which set this Nation apart. For almost two centuries, our country has taken singular pride in the democratic ideals enshrined in its Constitution, and the most cherished of those ideals have found expression in the First Amendment. It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties — the freedom of association — which make the defense of our nation worthwhile.
Book I, ch. 7 http://avalon.law.yale.edu/18th_century/blackstone_bk1ch7.asp: Of the King's Prerogative.
Commentaries on the Laws of England (1765–1769)
Context: In this distinct and separate existence of the judicial power, in a peculiar body of men, nominated indeed, but not removable at pleasure, by the crown, consists one main preservative of the public liberty; which cannot subsist long in any state, unless the administration of common justice be in some degree separated both from the legislative and the also from the executive power. Were it joined with the legislative, the life, liberty, and property of the subject would be in the hands of arbitrary judges, whose decisions would be then regulated only by their own opinions, and not by any fundamental principles of law; which, though legislators may depart from, yet judges are bound to observe. Were it joined with the executive, this union might soon be an overbalance for the legislative. For which reason... effectual care is taken to remove all judicial power out of the hands of the king's privy council; who, as then was evident from recent instances might soon be inclined to pronounce that for law, which was most agreeable to the prince or his officers. Nothing therefore is to be more avoided, in a free constitution, than uniting the provinces of a judge and a minister of state.
United States v. Public Utilities Commission, 345 U.S. 295, 319 (1953) (concurring)
Judicial opinions
1870s, Speech in the House of Representatives (1871)
Context: I can hardly believe that any person can be found who will not admit that every one of these provisions is just. They are all asserted, in some form or other, in our Declaration or organic law. But the Constitution limits only the action of Congress, and is not a limitation on the States. This amendment supplies that defect, and allows Congress to correct the unjust legislation of the States, so far that the law which operates upon one man shall operate equally upon all. Whatever law punishes a white man for a crime shall punish the black man precisely in the same way and to the same degree. Whatever law protects the white man shall afford equal protection to the black man. Whatever means of redress is afforded to one shall be afforded to all. Whatever law allows the white man to testify in court shall allow the man of color to do the same. These are great advantages over their present codes. Now different degrees of punishment are inflicted, not on account of the magnitude of the crime, but according to the color of the skin. Now color disqualifies a man from testifying in courts or being tried in the same way as white men.
Source: Law and Authority (1886), II
Context: Relatively speaking, law is a product of modern times. For ages and ages mankind lived without any written law, even that graved in symbols upon the entrance stones of a temple. During that period, human relations were simply regulated by customs, habits, and usages, made sacred by constant repetition, and acquired by each person in childhood, exactly as he learned how to obtain his food by hunting, cattle-rearing, or agriculture.
All human societies have passed through this primitive phase, and to this day a large proportion of mankind have no written law. Every tribe has its own manners and customs; customary law, as the jurists say. It has social habits, and that suffices to maintain cordial relations between the inhabitants of the village, the members of the tribe or community. Even amongst ourselves — the "civilized" nations — when we leave large towns, and go into the country, we see that there the mutual relations of the inhabitants are still regulated according to ancient and generally accepted customs, and not according to the written law of the legislators.
Helvering v. Griffiths, 318 U.S. at 400-401 (1943).
Judicial opinions
Chap.II: The Rise Of The Historic Level
The Revolt of the Masses (1929)
Context: To-day the [Enlightenment] ideal has been changed into a reality; not only in legislation, which is the mere framework of public life, but in the heart of every individual, whatever his ideas may be, and even if he be a reactionary in his ideas, that is to say, even when he attacks and castigates institutions by which those rights are sanctioned.… The sovereignty of the unqualified individual, of the human being as such, generically, has now passed from being a juridical idea or ideal to be a psychological state inherent in the average man. And note this, that when what was before an ideal becomes a component part of reality, it inevitably ceases to be an ideal. The prestige and the magic that are attributes of the ideal are volatilised.
329
1940s–present, Minority Report : H.L. Mencken's Notebooks (1956)
Context: My old suggestion that public offices be filled by drawing lots, as a jury box is filled, was probably more intelligent than I suspected. It has been criticized on the ground that selecting a man at random would probably produce some extremely bad State governors. [... ] But I incline to believe that it would be best to choose members of the Legislature quite at random. No matter how stupid they were, they could not be more stupid than the average legislator under the present system. Certainly, they'd be measurably more honest, taking one with another. Finally, there would be the great advantage that all of them had got their jobs unwillingly, and were eager, not to spin out their sessions endlessly, but to get home as soon as possible.
“I do not recommend any legislative action against hermeneutics.”
Anthropology and Politics (1995)
Context: I do not recommend any legislative action against hermeneutics. I am a liberal person opposed to all unnecessary state limitation of individual liberties. Hermeneutics between consenting adults should not, in my view, be the object of any statutory restrictions. I know, only too well, what it would entail. Hermeneutic speakeasies would spring up all over the place, smuggled Thick Descriptions would be brought in by the lorry-load from Canada by the Mafia, blood and thick meaning would clot in the gutter as rival gangs of semiotic bootleggers slugged it out in a series of bloody shoot-outs and ambushes. Addicts would be subject to blackmail. Consumption of deep meanings and its attendant psychic consequences would in no way diminsh, but the criminal world would benefit, and the whole fabric of civil society would be put under severe strain. Never!
“Its councils are full of Legislators
no charlatan can fool.”
The First Step http://www.cavafy.com/poems/content.asp?id=145&cat=1
Collected Poems (1992)
Context: Just to be on the first step
should make you happy and proud.
To have come this far is no small achievement:
what you have done is a glorious thing.
Even this first step
is a long way above the ordinary world.
To stand on this step
you must be in your own right
a member of the city of ideas.
And it is a hard, unusual thing
to be enrolled as a citizen of that city.
Its councils are full of Legislators
no charlatan can fool.
The Life of Geoffrey Chaucer vol. 1, p. 370 (1803)
Context: It has an unhappy effect upon the human understanding and temper, for a man to be compelled in his gravest investigation of an argument, to consider, not what is true, but what is convenient. The lawyer never yet existed who has not boldly urged an objection which he knew to be fallacious, or endeavoured to pass off a weak reason for a strong one. Intellect is the greatest and most sacred of all endowments; and no man ever trifled with it, defending an action to-day which he had arraigned yesterday, or extenuating an offence on one occasion, which, soon after, he painted in the most atrocious colours, with absolute impunity. Above all, the poet, whose judgment should be clear, whose feelings should be uniform and sound, whose sense should be alive to every impression and hardened to none, who is the legislator of generations and the moral instructor of the world, ought never to have been a practising lawyer, or ought speedily to have quitted so dangerous an engagement.
The Supreme Court in the American System of Government (1955), p. 79
Speech http://hansard.millbanksystems.com/commons/1834/apr/25/repeal-of-the-union-adjourned-debate in the House of Commons (25 April 1834).
Dissenting in Everson v. Board of Education of Ewing Township, 330 U.S. 1 (1947)
Judicial opinions
Ch I : Government by Laws and Sanctions, why necessary
Political Disquisitions (1774)
Context: If there be, in any region of the universe, an order of moral agents living in society, whose reason is strong, whose passions and inclinations are moderate, and whose dispositions are turned to virtue, to such an order of happy beings, legislation, administration, and police, with the endlessly various and complicated apparatus of politics, must be in a great measure superfluous. Did reason govern mankind, there would be little occasion for any other government, either monarchical, aristocratical, democratical, or mixed. But man, whom we dignify with the honourable title of Rational, being much more frequently influenced, in his proceedings, by supposed interest, by passion, by sensual appetite, by caprice, by any thing, by nothing, than by reason; it has, in all civilized ages and countries, been found proper to frame laws and statutes fortified by sanctions, and to establish orders of men invested with authority to execute those laws, and inflict the deserved punishments upon the violators of them. By such means only has it been found possible to preserve the general peace and tranquillity. But, such is the perverse disposition of man, the most unruly of all animals, that this most useful institution has been generally debauched into an engine of oppression and tyranny over those, whom it was expresly and solely established to defend. And to such a degree has this evil prevailed, that in almost every age and country, the government has been the principal grievance of the people, as appears too dreadfully manifest, from the bloody and deformed page of history. For what is general history, but a view of the abuses of power committed by those, who have got it into their hands, to the subjugation, and destruction of the human species, to the ruin of the general peace and happiness, and turning the Almighty's fair and good world into a butchery of its inhabitants, for the gratification of the unbounded ambition of a few, who, in overthrowing the felicity of their fellow-creatures, have confounded their own?
Quoted from B.R. Ambedkar, Pakistan or The Partition of India (1946)
Conclusion of Vandegrift's "Bended Knee Speech" to the Senate Committee on Naval Affairs, delivered on May 6, 1946.
Speech in Oxford town hall (30 December 1872), quoted in The Times (31 December 1872), p. 5
Address to Officials and Workers at Krupp's (11 September 1918), quoted in W. W. Coole (ed.), Thus Spake Germany (London: George Routledge & Sons, 1941), p. 114
1910s
Speech in Bradford (6 October 1964), quoted in The Times (7 October 1964), p. 12
Prime Minister
Afterword, “The Golden Age of Spying” (pp. 388-389)
The Laundry Files, The Jennifer Morgue (2006)
As quoted by Clara Zetkin in "Lenin on the Women’s Question", My Memorandum Book https://www.marxists.org/archive/zetkin/1920/lenin/zetkin1.htm, 1920.
Attributions
Twitter Post https://twitter.com/SenSanders, (24 June 2019)
2010s, 2019, June 2019
1940s, Why Socialism? (1949)
1920s, Speech at College of William and Mary (May 15, 1926)
Ch 11 : Free Agreement
The Conquest of Bread (1892)
Source: The Conquest of Bread (1892), Ch. 1 : Our Riches, p. 60
1950s, Give Us the Ballot (1957)
Mahatma Gandhi The Collected Works Volume 61, Ahmedabad, 1975, p, 46-57. As quoted in Goel, S.R. History of Hindu-Christian Encounters (1996)
Posthumous publications (1950s and later)
Speech to The Lions' Club, Brussels (24 January 1972), quoted in The Common Market: Renegotiate or Come Out (Elliot Right Way Books, 1973), pp. 52–53
1970s
Speech in Vaduz (15 January 1972), quoted in The Common Market: Renegotiate or Come Out (Elliot Right Way Books, 1973), pp. 30–31
1970s
Volume iii, p. 453
Reflections on the Revolution in France (1790)
Congressional Record https://books.google.fr/books?id=WhPOxPiWV2YC&q=%22indoctrinated+and+brainwashed+by+left-wing+pressure+groups.%22&dq=%22indoctrinated+and+brainwashed+by+left-wing+pressure+groups.%22&hl=fr&sa=X&ved=0ahUKEwjiodS__tjkAhWLnhQKHSqcBdoQ6AEIcjAJ, 1956
1950s
Carrie Lam (2018) cited in " Macau to form national security commission chaired by city’s leader as a ‘preventative measure’ https://www.hongkongfp.com/2018/08/28/macau-form-national-security-commission-chaired-citys-leader-preventative-measure/" on Hong Kong Free Press, 28 August 2018
“We have legislated to leave the EU, with or without a deal. That is what people voted for.”
2019
Source: Brexit: 20 Tory rebels inflict no-deal defeat on government https://www.bbc.co.uk/news/uk-politics-46803112 BBC News (8 January 2019)
