Constitutional Quotes - page 4
The majority's decision today will require States to issue marriage licenses to same-sex couples and to recognize same-sex marriages entered in other States largely based on a constitutional provision guaranteeing 'due process' before a person is deprived of his 'life, liberty, or property'. I have elsewhere explained the dangerous fiction of treating the Due Process Clause as a font of substantive rights. It distorts the constitutional text, which guarantees only whatever 'process' is 'due' before a person is deprived of life, liberty, and property. Worse, it invites judges to do exactly what the majority has done here.
Clarence Thomas
...what is the constitutional bearing of these stipulations? ...It is perfectly monstrous...It means that we abandon our fiscal independence, together with our free-trade ways; that we subside into the tenth part of a Vehmgericht which is to direct us what sugar is to be countervailed, at what rate per cent. we are to countervail it, how much is to be put on for the bounty, and how much for the tariff being in excess of the convention tariff; and this being the established order of things, the British Chancellor of the Exchequer in his robes obeys the orders that he receives from this foreign convention, in which the Britisher is only one out of ten, and the House of Commons humbly submits to the whole transaction. ("Shame.") Sir, of all the insane schemes ever offered to a free country as a boon this is surely the maddest.
Henry Campbell-Bannerman
[My] approach recognizes the basic principle of a written Constitution. We "the people" adopted a written Constitution precisely because it has a fixed meaning, a meaning that does not change. Otherwise we would have adopted the British approach of an unwritten, evolving constitution. Aside from amendment according to Article V, the Constitution's meaning cannot be updated, or changed, or altered by the Supreme Court, the Congress, or the President. Of course, even when strictly interpreted as I believe it should be, the Constitution remains a modern, "breathing" document as some like to call it, in the sense that the Court is constantly required to interpret how its provisions apply to the Constitutional questions of modern life. Nevertheless, strict interpretation must never surrender to the understandably attractive impulse towards creative but unwarranted alterations of first principles.
Clarence Thomas
But the First Amendment protects against the Government; it does not leave us at the mercy of noblesse oblige. We would not uphold an unconstitutional statute merely because the Government promised to use it responsibly. [...] The Government's assurance that it will apply [a statutory provision] more restrictively than its language provides is pertinent only as an implicit acknowledgment of the potential constitutional problems with a more natural reading.
John Roberts
It is not of special importance to me what the law says about marriage. It is of overwhelming importance, however, who it is that rules me. Today's decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court. The opinion in these cases is the furthest extension in fact-and the furthest extension one can even imagine-of the Court's claimed power to create "liberties” that the Constitution and its Amendments neglect to mention. This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.
Antonin Scalia
![What secret knowledge, one must wonder, is breathed into lawyers when they become Justices of this Court, that enables them to discern that a practice which the text of the Constitution does not clearly proscribe, and which our people have regarded as constitutional for 200 years, is in fact unconstitutional? [...] The Court must be living in another world. Day by day, case by case, it is busy designing a Constitution for a country I do not recognize. (Antonin Scalia)](https://cdn.quotesdtb.com/img/quotes_images_webp/88/antonin-scalia-busy-case-321188.webp)
The Supreme Court of Florida has said that the legislature intended the State's electors to "participat[e] fully in the federal electoral process," as provided in 3 U. S. C. §5. That statute, in turn, requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by December 12. That date is upon us, and there is no recount procedure in place under the State Supreme Court's order that comports with minimal constitutional standards. Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed. Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy.
Anthony Kennedy
The reason for the lack of business in this House is perfectly clear and it is not the responsibility of this House to deal with the matter. The Taoiseach and the cabal that runs Fine Gael have decided that they will take over the role previously held by Fianna Fáil as the slightly constitutional party. They have decided to destroy the Seanad by refusing to refer legislation to it.
David Norris
The danger of silent accumulations & encroachments by Ecclesiastical Bodies have not sufficiently engaged attention in the U.S. [...] Besides the danger of a direct mixture of Religion & civil Government, there is an evil which ought to be guarded against in the indefinite accumulation of property from the capacity of holding it in perpetuity by ecclesiastical Corporations. [...] The establishment of the chaplainship to Congs. is a palpable violation of equal rights, as well as of Constitutional principles.
James Madison
[T]he great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means, and personal motives, to resist encroachments of the others. The provision for defence must in this, as in all other cases, be made commensurate to the danger of attack.
James Madison