Constitutional Court Quotes & Sayings

The state has a right to do that [outlaw contraceptives], I have never questioned that the state has a right to do that. It is not a constitutional right, the state has the right to pass whatever statutes they have. That is the thing I have said about the activism of the Supreme Court, they are creating right, and they should be left up to the people to decide. — Rick Santorum

Many voters think about the makeup of the Supreme Court when they are choosing a president. The justices deal not only with constitutional issues but also with social issues that were unknown to the founding fathers who wrote the Constitution more than 200 years ago. — Helen Thomas

In the rare event that the Supreme Court refuses to play along there is always a perfectly legal, extra-constitutional, quasi-legislative, quasi-executive, quasi-judicial, 'independent' regulatory commission or executive agency to kill off or override constitutional protections. — Ilana Mercer

There is no such source and cause of strife, quarrel, fights, malignant opposition, persecution, and war, and all evil in the state, as religion. Let it once enter into our civil affairs, our government soon would be destroyed. Let it once enter our common schools, they would be destroyed. Those who made our Constitution saw this, and used the most apt and comprehensive language in it to prevent such a catastrophe.
[Weiss v. District Board, March 18, 1890] — Supreme Court Of Wisconsin

The United States Supreme Court has voted 6-3 that voter photo ID is constitutional. — Bob Ehrlich

The president and the vice president wanted the FBI to execute searches in secret, avoiding the strictures of the legal and constitutional standards set by the Foreign Intelligence Surveillance Court. The answer was Stellar Wind. The NSA would eavesdrop freely against Americans and aliens in the United States without probable cause or search warrants. It would mine and assay the electronic records of millions of telephone conversations - both callers and receivers - and the subject lines of e-mails, including names and Internet addresses. Then it would send the refined intelligence to the Bureau for action. Stellar — Tim Weiner

We are not here to advocate abortion. We do not ask this Court to rule that abortion is good or desirable in any particular situation. We are here to advocate that the decision as to whether or not a particular woman will continue to carry or will terminate a pregnancy is a decision that should be made by that individual. That, in fact, she has a constitutional right to make that decision for herself and that the state has shown no interest in interfering with that decision — Sarah Weddington

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. — Albie Sachs

[T]he Supreme Court is where the country takes out its dick and tits and decides who's going to get fucked and who's getting a taste of mother's milk. It's constitutional pornography in there[.] — Paul Beatty

Just because a couple people on the Supreme Court declare something to be 'constitutional' does not make it so. — Rand Paul

Although the governor strongly disagrees with the court substituting its judgment for the constitutional process of the elected branches or a vote of the people, the court has now spoken clearly as to their view of the New Jersey Constitution, and, therefore, same-sex marriage is the law. — Chris Christie

While significant strides have been made in the pursuit of life expectancy, healthcare, educational opportunities, and constitutional protections for women, the Supreme Court, in particular, still wrestles with their status, as evidenced by their problems in pursuing equal opportunity in education and employment, reproductive freedom, the military, and violence against women. — David E. Wilkins

Without question, the court does play a vital role in our constitutional system. — Mike DeWine

This Court is forever adding new stories to the temples of constitutional law, and the temples have a way of collapsing when one story too many is added. — Robert H. Jackson

'An order is an order' was not an excuse to do the wrong thing. You couldn't just blindly follow a government order ... This whole issue of should the Supreme Court be the final arbiter of what is or isn't constitutional, was settled at Nuremberg. People everywhere need to understand and need to follow that. — Matt Shea

For thirty years, beginning with the invention of a privacy right in the Supreme Court decision Roe v. Wade, the Left has been waging a systematic assault on the constitutional foundation of the nation. — David Horowitz

Our Supreme Court is not a court of law. It is a court of conjecture and political fad. — A.E. Samaan

Historically, the court has been the forum to which individuals can turn when they believed their constitutional rights were violated. This has been especially noteworthy in the arena of civil rights. — Dianne Feinstein

Big actions, in our system of checks and balances, require approval by Congress and have to pass constitutional muster by the Supreme Court, and some powers are reserved to the states. So this overused "czar" word is a little misleading. But the things America ought to do should include the following: — Denis Hayes

Eisenhower has been much criticized for his failure publicly to endorse the Court's decision. But he felt that doing so would set an undesirable precedent. If a president endorsed decisions he agreed with, might he feel compelled to oppose decisions he did not agree with? And what would that do to the rule of law? "The Supreme Court has spoken and I am sworn to uphold ... the constitutional processes ... I will obey."3 — William J. Bennett

Love it or hate it, Obamacare is the law of the land. It was passed by Congress, signed into law by President Obama, declared constitutional by the U.S. Supreme Court and ratified by a majority of Americans, who reelected the president for a second term. — Hank Johnson

[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table ... Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct. — Antonin Scalia

I'm convinced that our duty to provide advice and consent for justices of the Supreme Court is our most important constitutional responsibility. — Frank Lautenberg

Uganda's Constitutional Court will decide whether the military court can proceed with this trial. A nation cannot claim to be operating under the rule of law if its military tribunals ignore the orders of civilian courts. — Bill Vaughan

No higher duty, or more solemn responsibility, rests upon this Court than that of translating into living law and maintaining this constitutional shield deliberately planned and inscribed for the benefit of every human being subject to our Constitution-of whatever race, creed or persuasion. — Hugo Black

Allowing unelected judges to declare laws enacted by popularly elected legislatures unconstitutional and invalid seemed flagrantly inconsistent with free popular government. Such judicial usurpation, said Richard Dobbs Spaight, delegate to the Constitutional Convention from North Carolina, was "absurd" and "operated as an absolute negative on the proceedings of the Legislature, which no judiciary ought ever to possess." Instead of being governed by their representatives in the assembly, the people would be subject to the will of a few individuals in the court, "who united in their own persons the legislative and judiciary powers," making the courts more despotic than the Roman decemvirate or of any monarchy in Europe. — Gordon S. Wood

The Reagan Administration has fostered a climate in which a barest majority of the Supreme Court caters to the passions and hatreds of the American mob, stripping away the constitutional shield outside our bedrooms ... How tragically ironic that an Administration that promised to get Government "off our backs" is now so active in draping Government gumshoes over every part of our anatomies. — Carl T. Rowan

The choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact. — Robert H. Jackson

If there is any truth to the old proverb that "one who is his own lawyer has a fool for a client," the Court now bestows a constitutional right on one to make a fool of himself. — Harry A. Blackmun

The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left. — Robert Bork

The next year, the Court decided what is generally viewed as the major case of the early years. The decision, Chisholm v. Georgia (1793), provoked an immediate backlash, in the form of the first constitutional amendment to be ratified after the ten amendments of the Bill of Rights. — Linda Greenhouse

Here is a good bill that's needed in America. If it's unconstitutional, let the U.S. Supreme Court reverse its opinion and get in line with New Hampshire and that will make it constitutional. — Meldrim Thomson Jr.

Got good news and bad news for you, Mr. President. The good news is that Chief Justice John Roberts just saved your legacy and, perhaps, your presidency by writing for the Supreme Court majority to rule health care reform constitutional. — Ron Fournier

It is indeed an odd business that it has taken this Court nearly two centuries to 'discover' a constitutional mandate to have counsel at a preliminary hearing. — Warren E. Burger

It is impossible to build sound constitutional doctrine upon a mistaken understanding of Constitutional history ... The establishment clause has been expressly freighted with Jefferson's misleading metaphor for nearly forty years ... There is simply no historical foundation for the proposition that the framers intended to build a wall of separation ... The recent court decisions are in no way based on either the language or intent of the framers. — William Rehnquist

Well my question is if the federal courts don't have jurisdiction over a constitutional question then who the hell does? — Jesse Ventura

We are confident that the Supreme Court will soon see the direction that this country is headed and enshrine marriage as a constitutional right for all. — Benjamin Todd Jealous

Teachers seeking to 'teach the controversy' over Darwinian evolution in today's climate will likely be met with false warnings that it is unconstitutional to say anything negative about Darwinian evolution. Students who attempt to raise questions about Darwinism, or who try to elicit from the teacher an honest answer about the status of intelligent design theory will trigger administrators' concerns about whether they stand in Constitutional jeopardy. A chilling effect on open inquiry is being felt in several states already, including Ohio. South Carolina, and Pennsylvania. [District Court] Judge Jones's message is clear: give Darwin only praise, or else face the wrath of the judiciary. — David K. DeWolf

Sex, like race, is a visible, immutable characteristic bearing no necessary relationship to ability." The analogy had special meaning in the constitutional context: In a series of cases triggered by Brown v. Board of Education, the court had said that laws that classified on the basis of race were almost always unconstitutional, or deserving "strict scrutiny." The court had said in Reed that it wasn't applying strict scrutiny, but then it seemed to do so anyway. Were laws that classified what men and women could do blatantly unconstitutional the way laws classifying by race were? RBG boldly urged the court to say they were. — Irin Carmon

I think the court will determine that the Faith-Based Initiative that the White House has instituted in the last five years is constitutional, in the context of allowing for broad-based programs to include religious providers. — Jay Alan Sekulow

I acted on my belief that the NSA's mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts. Today, a secret program authorized by a secret court was, when exposed to the light of day, found to violate Americans' rights. It is the first of many. — Edward Snowden

Miranda v. Arizona, the most famous of all self-incrimination cases, the Supreme Court imposed procedural safeguards to protect the rights of the accused. A suspect has a constitutional right not to be compelled to talk, and any statement made during an interrogation cannot be used in court unless the police and the prosecutor can prove that the suspect clearly understood that (1) he had the right to remain silent, (2) anything said could be used against him in court, and (3) he had a right to an attorney, whether or not he could afford one. If, during an interrogation, the accused requests an attorney, then the questioning stops immediately. — John Grisham

One area of law more than any other besmirches the constitutional vision of human dignity ... The barbaric death penalty violates our Constitution. Even the most vile murderer does not release the state from its obligation to respect dignity, for the state does not honor the victim by< emulating his murderer. Capital punishment's fatal flaw is that it treats people as objects to be toyed with and discarded ... One day the Court will outlaw the death penalty. Permanently. — William J. Brennan

Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault. — Robert H. Jackson

The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution. — Byron White

The Court abandoned the traditional constitutional meaning of 'religion' as a single denomination or system of worship and instead substituted a new 'modern' concept which even now remains vague and nebulous, having changed several times in recent years. — David Barton

I prefer an income tax, but the truth is I am afraid of the discussion which will follow and the criticism which will ensue if there is an other division in the Supreme Court on the subject of the income tax. Nothing has injured the prestige of the Supreme Court more than that last decision, and I think that many of the most violent advocates of the income tax will be glad of the substitution in their hearts for the same reasons. I am going to push the Constitutional amendment, which will admit an income tax without questions, but I am afraid of it without such an amendment. — William Howard Taft

I think that the Court's task, in this as in all areas of constitutional adjudication, is not responsibly aided by the uncritical invocation of metaphors like the ' wall of separation,' a phrase nowhere to be found in the Constitution. — Potter Stewart

And you can claim whatever you want to of being pro-life or pro- choice, but the right to a abortion is not in the Constitution. The court created it. It created a constitutional right. And these decisions removed a fully appropriate political judgment from the people of the several states and has led to many adverse consequences. — Sam Brownback

Secondly, there are such things as roving wiretaps. Now, by the way, any time you hear the United States government talking about wiretap, it requires - a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution. — George W. Bush

As a citizen and someone who was a judge on the constitutional law court for 18 years, I feel whenever I can raise my voice with the hope of being heard I need to do it, but I wouldn't assign a special wisdom and responsibility to writers. — Bernhard Schlink

The Constitution guarantees the right of the People to have any person they choose assist them in court. This was the first Constitutional right the lawyers' cartel had to scrap. To this end, the Bar Association, through its member judges, interpreted the word "counsel" in the Sixth Amendment to mean "attorney-at-law" (which is, by definition, a member of their cartel). The word counsel can be found in any dictionary, and its primary meaning is not "attorney-at-law." In fact, it means any person who gives advice. — Joseph Befumo

Constitutional interpretation is not the business of the Court only, but also properly the business of all branches of government. — Edwin Meese

In a landmark decision, the Supreme Court ruled President Obama's healthcare mandate is constitutional. This is a major victory for President Obama, who spent three years promoting it, and a major setback for Mitt Romney, who spent three years creating it. — Jay Leno

It was important for the Supreme Court to say it's a matter of constitutional law that everyone is equal, to say everyone is entitled to the dignity that comes from being married to the person you love. — David Boies

Among the most famous of these Supreme Court cases of exercise of political power I believe are the cases of Roe V. Wade and Doe v. Bolton, two 1973 cases based on false statements which created a constitutional right to abortion. — Sam Brownback

That the Bomb altered our subsequent history down to its deepest constitutional roots. It redefined the presidency, as in all respects America's "Commander in Chief" (a term that took on a new and unconstitutional meaning in this period). It fostered an anxiety of continuing crisis, so that society was pervasively militarized. It redefined the government as a National Security State, with an apparatus of secrecy and executive control. It redefined Congress, as an executor of the executive. And it redefined the Supreme Court, as a follower of the follower of the executive. Only one part of the government had the supreme power, the Bomb, and all else must defer to it, for the good of the nation, for the good of the world, for the custody of the future, in a world of perpetual emergency superseding ordinary constitutional restrictions. — Garry Wills

To be true to its constitutional role, the Supreme Court should refuse to be drawn into making public policy, and it should strike down legislation only when a clear constitutional violation exists. When judicial activists resort to various inventions and theories to impose their personal views on privacy and liberty, they jeopardize the legitimacy of the judiciary as an institution and undermine the role of the other branches of government. — Mark Levin

It bothers me that the executive branch is taking the amazing position that just on the president's say-so, any American citizen can be picked up, not just in Afghanistan, but at O'Hare Airport or on the streets of any city in this country, and locked up without access to a lawyer or court just because the government says he's connected somehow with the Taliban or Al Qaeda. That's not the American way. It's not the constitutional way. — Laurence Tribe

Presidents and speakers for over 100 years had tried to pass affordable care for all Americans. It was challenged over and over. The Supreme Court declared it constitutional. — Nancy Pelosi