Constitutional Law Quotes

It is a fundamental principle of American democracy that laws should not be public only when it is convenient for government officials to make them public. They should be public all the time, open to review by adversarial courts, and subject to change by an accountable legislature guided by an informed public. If Americans are not able to learn how their government is interpreting and executing the law then we have effectively eliminated the most important bulwark of our democracy. That’s why, even at the height of the Cold War, when the argument for absolute secrecy was at its zenith, Congress chose to make US surveillance laws public. Without public laws, and public court rulings interpreting those laws, it is impossible to have informed public debate. And when the American people are in the dark, they can’t make fully informed decisions about who should represent them, or protest policies that they disagree with. These are fundamentals. It’s Civics 101. And secret law violates those basic principles. It has no place in America.

If the good is not dependent on the bad and can be separated from it, one gives effect to the good that remains after the separation if it still gives effect to the main objective.

We have a government of limited power under the Constitution, and we have got to work out our problems on the basis of law.

The difference between the past and the present is that individual freedom and security no longer fall to be protected solely through the D vehicle of common-law maxims and presumptions which may be altered or repealed by statute, but are now protected by entrenched constitutional provisions which neither the Legislature nor the Executive may abridge. It would accordingly be improper for us to hold constitutional a system which, as Sachs J has noted, confers on creditors the power to consign the person of an impecunious debtor to prison at will and without the interposition at the crucial time of a judicial officer.

In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the constitution.

Our Supreme Court is not a court of law. It is a court of conjecture and political fad.

The bad parts of the statute are not judicially severable, I consider, from the rest of its provisions that deal with imprisonment. Their roots are entangled too tenaciously in the surrounding soil for a clean extraction to be feasible. The conclusion to which I accordingly come is that we are left with no option but to declare those provisions as a whole to be constitutionally invalid on account of their objectionable overbreadth.

History could not be any clearer: Rights given by fad and fashion are just as easily taken away. The Constitution matters.

Our United States "State religion" has become Secular Humanism which has no "separation from the State.

The United States has experienced more than two centuries of political stability. When viewed against the background of world history, this is remarkable. The First Amendment has played a singularly important role. When citizens can openly criticize their government, changes come about through orderly political processes. When grievances exist, they must be aired, if not through the channels of public debate, then by riots in the streets. The First Amendment functions as a safety valve through which the pressures and frustrations of a heterogeneous society can be ventilated and defused.

Severability is an important concept in the context of the relations between this Court and Parliament; like 'reading down', it is an instrument of judicial restraint which reduces the danger of producing an overbroad judicial reaction to overbroad legislation.

We have rule of lawyers, not rule of law. The legal profession has a monopoly over one branch of government as it was never intended to. The American Bar Association owns an entire branch of our government. We should not be surprised that we are the most litigious society in the world. It is big business with a stranglehold on one of the three branches of government.

The U.S. didn't achieve its liberty or prosperity by mistake. It was by design, and the architects were the Founding Fathers. Don't mess with the Constitution. The Constitution matters.

A president cannot defend a nation if he is not held accountable to its laws.

Liberty is not something a government gives you. It is a right that no government can legally take away.

Failing to indict a criminal sitting president sends the message that those in power are above the law.

For in the end laws are just words on a page - words that are sometimes malleable, opaque, as dependent on context and trust as they are in a story or poem or promise to someone, words whose meanings are subject to erosion, sometimes collapsing in the blink of an eye.