Quotes & Sayings About Constitutional Law

Was the Vietnam conflict a war which should have, as a matter of constitutional law, required a declaration of war by Congress? — Arlen Specter

The President of the United States would be liable to be impeached, tried, and upon conviction of treason, bribery, or other high crimes and misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law. The person of the King of Great Britain is sacred and inviolable: There is no constitutional tribunal to which he is amenable, no punishment to which he can be subjected without involving the crisis of a national revolution. — Alexander Hamilton

If the assumptions underlying the legislative state of the parliamentary-democratic variety are no longer tenable, then closing one's eyes to the concrete constitutional situation and clinging to an absolute, 'value-neutral,' functionalist and formal concept of law, in order to save the system of legality, is not far off. The 'law,' then, is only the present decision of the momentary parliamentary majority. — Carl Schmitt

Though Article II requires "natural born" citizenship, the Constitution does not explain what the phrase means. There was no constitutional definition of American citizenship until 1868, when the Fourteenth Amendment was adopted. Nor was there any existing body of American immigration law to explain it. — Garrett Epps

In a constitutional democracy the moral content of law must be given by the morality of the framer or legislator, never by the morality of the judge. — Robert Bork

Democracy is not just constitutional and legislative rules; it is a culture and practice and adhering by the law and respecting international human rights principles. — Hamad Bin Isa Al Khalifa

I was a constitutional law professor, which means unlike the current president I actually respect the Constitution. — Barack Obama

But what is there in man older and deeper than the religious sentiment?
There is man himself; that is, volition and conscience, free-will and law, eternally antagonistic. Man is at war with himself: why?
"Man," say the theologians, "transgressed in the beginning; our race is guilty of an ancient offence. For this transgression humanity has fallen; error and ignorance have become its sustenance. Read history, you will find universal proof of this necessity for evil in the permanent misery of nations. Man suffers and always will suffer; his disease is hereditary and constitutional. Use palliatives, employ emollients; there is no remedy. — Pierre-Joseph Proudhon

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

We are a constitutional monarchy. I don't order laws, I propose them. Article 35 of our constitution states that the king can only refuse a law of parliament once, then he has to sign it - if the same law is then supported by a two-thirds majority in both houses of parliament. — Hamad Bin Isa Al Khalifa

Knowing constitutional law helps one at the opera. The trial in 'Billy Budd,' as example, invokes the fugitive slave clause of the U.S. Constitution. — Karen DeCrow

There's a lot of the Midwest and the West in Justice Rehnquist's approach to constitutional law. And by that I mean a recognition that people know pretty well how to govern themselves, that government that is closest to the people is apt to be more responsive to their legitimate concerns and needs. — John Roberts

Sheriff Knezovich's bill was poorly-written and not constitutional, according to many attorneys, including myself, that reviewed it. We want to go forward with something that's going to stand up to the scrutiny that all bills go under once they've been passed into law. — Matt Shea

And that law of the land which is constitutional, supporting that principle of freedom in maintaining rights and privileges, belongs to all mankind, and is justifiable before me. Therefore, I, the Lord, justify you, and your brethren of my church, in befriending that law which is the constitutional law of the land. — Joseph Smith Jr.

A rioter with a Molotov cocktail in his hands is not fighting for civil rights any more than a Klansman with a sheet on his back and mask on his face. They are both more or less what the law declares them: lawbreakers, destroyers of constitutional rights and liberties and ultimately destroyers of a free America. — Lyndon B. Johnson

Now I don't know why he's denying them habeas corpus. I can only assume the guys they got detained over there did something really unforgivable. Like remind Obama he was once a professor of Constitutional Law. — Stephen Colbert

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

Most of us know nothing about constitutional law, so it's hardly surprising that we take sides in the Obamacare debate the way we root for the Red Sox or the Yankees. Loyalty to the team is what matters. — Paul Bloom

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

There has been no clearer principle of English or American constitutional law than that, in criminal cases, it is not only the power and duty of juries to judge what are the facts, what is the law, and what is the moral intent of the accused; but that it is also their power, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and find all persons guiltless in violating, or resisting the execution of, such laws. — Lysander Spooner

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

You want sanity, democracy, community, an intact Earth? We can't get there, obeying Constitutional theory and law crafted by slave masters, imperialists, corporate masters, and Nature destroyers. We can't get there, kneeling before robed lawyers stockpiling class plunder precedent up their venerable sleeves. So isn't disobedience the challenge of our age? Principled, inventive, escalating disobedience to liberate our souls, to transfigure our work as humans on this Earth. — Richard Grossman

A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional; for they will possess the power, and jealousy will instantly inspire the inclination, to resist the execution of a law which appears to them unjust and oppressive. — Noah Webster

This shriveled conception of democracy has solid roots. The founding fathers were much concerned about the hazards of democracy. In the debates of the Constitutional Convention, the main framer, James Madison, warned of these hazards. Naturally taking England as his model, he observed that "in England, at this day, if elections were open to all classes of people, the property of landed proprietors would be insecure. An agrarian law would soon take place," undermining the right to property. To ward off such injustice, "our government ought to secure the permanent interests of the country against innovation," arranging voting patterns and checks and balances so as "to protect the minority of the opulent against the majority," a prime task of decent government.19 — Noam Chomsky

Lawyers from the NSA, as well as the UK's GCHQ, work very hard to search for loopholes in laws and constitutional protections that they can use to justify indiscriminate, dragnet surveillance operations that were at best unwittingly authorized by lawmakers. — Edward Snowden

There's a misconception about Barack Obama as a former constitutional law professor. First of all, there are plenty of professors who are 'legal relativists.' They tend to view legal principles as relative to whatever they're trying to achieve. — Jonathan Turley

Progressives did not like the antiquated thinking that saw the Constitution as a barrier to government expansion. The "living Constitution" was born. That benign-sounding phrase (coined later) was conjured up to justify changing the Constitution, without formal amendment, from a limit on power to a blank check. What was impermissible to the federal government by an earlier interpretation became permissible once the Constitution was construed as a evolving document. But by that philosophy, the Constitution is no limit on government power at all. A constitutional government that defines its own powers is a contradiction in terms. — Sheldon Richman

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

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

Statutory regulations, legislative enactments, constitutional provisions, are invasive. They never yet induced man to do anything he could and would not do by virtue of his intellect or temperament, nor prevented anything that man was impelled to do by the same dictates. — Emma Goldman

Have no power, by taxation or otherwise, to retard, impede, burden or in any manner control the operations of the constitutional laws enacted by Congress. — John Marshall

There is no right by the federal or state constitution to manual recounts. There is no law that says that you must count dimpled ballots, constitutional or otherwise. — Bill Vaughan

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. — Barack Obama

The highest laws of the land (America) are not only the constitution and constitutional laws, but also contracts. — Hannah

One might plausibly contend that Congress violates the spirit, if not the letter, of the constitutional doctrine of separation of powers when it exonerates itself from the impositions of the laws it obligates people outside the legislature to obey. — Ruth Bader Ginsburg

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. — John Didcott

In the criminal law [ ... ] imprisonment should be resorted to only after the most anxious consideration. — Pius Langa

I'm not versed enough in constitutional law to run for office. I'd have to go back to school or something. — Zach Galifianakis

We're talking about a militant terrorist situation, which I believe it isn't a widespread thing, but it is enough that we need to address, and we have been addressing it. My thoughts are these, first of all, Dearborn, Michigan, and Frankford, Texas are on American soil, and under constitutional law. Not Sharia law. And I don't know how that happened in the United States. It seems to me there is something fundamentally wrong with allowing a foreign system of law to even take hold in any municipality or government situation in our United States. — Sharron Angle

When a legislature undertakes to proscribe the exercise of a citizen's constitutional rights it acts lawlessly and the citizen can take matters into his own hands and proceed on the basis that such a law is no law at all. — William O. Douglas

Much of the Constitution is remarkably simple and straightforward - certainly as compared to the convoluted reasoning of judges and law professors discussing what is called 'Constitutional law,' much of which has no basis in that document ... The real question [for judicial nominees] is whether that nominee will follow the law or succumb to the lure of 'a living constitution,' 'evolving standards' and other lofty words meaning judicial power to reshape the law to suit their own personal preferences. — Thomas Sowell

I do support a constitutional amendment on marriage between a man and a woman, but I would not be going into the states to overturn their state law. — Michele Bachmann

A law can be both economic folly and constitutional. — Antonin Scalia

Everybody complains about pork, but members of Congress keep spending because voters do not throw them out of office for doing so. The rotten system in Congress will change only when the American people change their beliefs about the proper role of government in our society. Too many members of Congress believe they can solve all economic problems, cure all social ills, and bring about worldwide peace and prosperity simply by creating new federal programs. We must reject unlimited government and reassert the constitutional rule of law if we hope to halt the spending orgy. — Ron Paul

Laws are made with such attention to protecting women that, if a man's constitutional rights conflict with a woman's protection, his rights disintegrate before her protection disintegrates. — Warren Farrell

I have three degrees in history and only one in law, but since I came back to specialize in constitutional law where history is so essentially a part and an explanation of much that exists, the two disciplines blended very well. — Frank Scott

Any new gun control is simply gonna infringe on the law-abiding ability to exercise constitutional rights. There's not a single law that could be written, that has been written, that could be passed that would stop Omar Mateen from getting a gun and shooting people up. — Rush Limbaugh

There ought always to be a constitutional method of giving efficacy to constitutional provisions. What for instance would avail restrictions on the authority of the state legislatures, without some constitutional mode of enforcing the observance of them? ... This power must either be a direct negative on the state laws, or an authority in the federal courts, to over-rule such as might be in manifest contravention of the articles of union. — James Madison

In framing a system which we wish to last for ages, we shd. not lose sight of the changes which ages will produce. [James Madison in the U.S. Constitutional Convention, June 26, 1787. The Records of the Federal Convention of 1787, ed. Max Farrand (New Haven: Yale University Press, 1966), 1:422.] — James Madison

Indeed, that the Second Amendment poses no barrier to strong gun laws is perhaps the most well-settled proposition in American constitutional law. — Erwin Griswold

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. — Jacqueline R. Kanovitz

The Patriot Act has practically obliterated the Fourth Amendment to the Constitution. It was supposed to be temporary, but there are so many things that the Government likes about the power that it gives, they keep renewing it. — Kenneth Eade

Since Congress makes the laws they are under the delusion that anything they do is legal, no matter if it is unwise, unethical, or un-Constitutional. — Jim Babka

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

President Bush broke the law and lied to the American people when he unilaterally authorized secret wiretaps of U.S. citizens. But rather than focus on this constitutional crisis, Attorney General Gonzales is cracking down on critics of his friend and boss. Our nation is strengthened, not weakened, by those whistle-blowers who are courageous enough to speak out on violations of the law. — Anthony Romero

This understanding, underlying constitutional interpretation since the New Deal, reflects the Constitution's demands for structural flexibility sufficient to adapt substantive laws and institutions to rapidly changing social, economic, and technological conditions. — Stephen Breyer

Republicans, as well as Democrats committed to our constitutional framework, should fearlessly marshal the administration's frauds, obstructions, and violations of law. They should demand transparency and accountability for the lies, the broken oaths, the betrayal of the rule of law, and the damage wrought - including lives not only devastated but lost due to the administration's recklessness. — Andrew McCarthy

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

It is unclear how disarming law-abiding citizens would better protect them from the dangers and threats posed by those who would flout the law. It is at just such times that the constitutional right to self-defense is most precious and must be protected from government overreach. — Rick Scott

Every Latter-day Saint should sustain, honor, and obey the constitutional law of the land in which he lives. — Spencer W. Kimball

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

If it be asked what is to restrain the House of Representatives from making legal discriminations in favor of themselves and a particular class of the society? I answer, the genius of the whole system, the nature of just and constitutional laws, and above all the vigilant and manly spirit which actuates the people of America, a spirit which nourishes freedom, and in return is nourished by it. If this spirit shall ever be so far debased as to tolerate a law not obligatory on the Legislature as well as on the people, the people will be prepared to tolerate anything but liberty. — Alexander Hamilton

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. — Thomas Jefferson

Nothing whatever but the constitutional law, the political structure, of these United States protects any American from arbitrary seizure of his property and his person, from the Gestapo and the Storm Troops, from the concentration camp, the torture chamber, the revolver at the back of his neck in a cellar. — Rose Wilder Lane

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

If it were to be asked, What is the most sacred duty and the greatest source of our security in a Republic? The answer would be, An inviolable respect for the Constitution and Laws - the first growing out of the last ... A sacred respect for the constitutional law is the vital principle, the sustaining energy of a free government. — Alexander Hamilton

In America, the government is accountable to the people, not the other way around," says a constitutional law scholar sympathetic to the antiwar movement on the subject of the anonymous police. — Nathan Hill

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

We're looking at a president [Barack Obama] who's engaged in double-speak where he doesn't call radical Islamic terrorism by its name. Indeed, he gives a speech after the San Bernardino attack where his approach is to try to go after the constitutional rights of law-abiding citizens rather than to keep us safe. — Ted Cruz

A recent book by University of Chicago professor of philosophy and law Brian Leiter outlines what I believe will become the theoretical consensus that does away with religious liberty in spirit if not in letter. "There is no principled reason," he writes, "for legal or constitutional regimes to single out religion for protection." . . . Evoking the principle of fairness, Leiter argues that everybody's conscience should be accorded the same legal protections. Thus he proposes to replace religious liberty with a plenary "liberty of conscience."

Leiter's argument is libertarian. He wants to get the government out of the business of deciding whose conscience is worth protecting. This mentality seems to expand freedom, but that's an illusion. In practice it will lead to diminished freedom, as is always the case with any thoroughgoing libertarianism. — R. R. Reno

The cause of the South was the cause of constitutional government, the cause of government regulated by law, and the cause of honesty and fidelity in public servants. No nobler cause did man ever fight for! — Benjamin Franklin

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

Our amended Constitution is the lodestar for our aspirations. Like every text worth reading, it is not crystalline. The phrasing is broad and the limitations of its provisions are not clearly marked. Its majestic generalities and ennobling pronouncements are both luminous and obscure. This ambiguity of course calls forth interpretation, the interaction of reader and text. The encounter with the Constitutional text has been, in many senses, my life's work. — William J. Brennan

There was not a member of the Constitutional Convention who had the least objection to what is contended for by the advocates for a Bill of Rights and trial by jury. — George Washington

[T]he opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their, own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch. — Thomas Jefferson

Obama wouldn't have been voted president if he weren't black. Somebody asked me over the weekend why does somebody earn a lot of money have a lot of money, because she's black. It was Oprah. No, it can't be. Yes, it is. There's a lot of guilt out there, show we're not racists, we'll make this person wealthy and big and famous and so forth ... If Obama weren't black he'd be a tour guide in Honolulu or he'd be teaching Saul Alinsky constitutional law or lecturing on it in Chicago. — Rush Limbaugh

Hitler's dictatorship rested on the constitutional foundation of a single law, the Enabling Law. — Alan Bullock

Historical tempers have cooled only slightly after the impeachment of Bill Clinton for lying under oath about a sexual relationship. Many Americans still believe his actions were a threat to the very rule of law; others insist that the "offense" was more low farce than high crime, and that the zeal of Clinton's foes was partisan hypocrisy rather than constitutional passion. — Garrett Epps

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

If nothing else came out of all of this debacle over Obamacare, one thing that should is a class-action lawsuit against the University of Chicago Law School for people that had Obama as their constitutional law professor. — Louie Gohmert

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 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. — Pius Langa

The very idea of the law in a constitutional republic involves the requisite that it be a rule, a guide, uniform, fixed and equal, for all, till changed by the same high political power which made it. This is what entitles it to its sovereign weight. — Levi Woodbury

The freedom enjoyed in Western society under the rule of law and constitutional government explains both the quality of its civilization and its wealth. — Paul Johnson

Although the natural rights inherent in our( Constitutional) regime are adequate to the solution of this ( minority) problem ... the equal protection of the law did not protect a man from contempt and hatred as a Jew, an Italian or a Black" ... " 'Openness' was designed to provide a respectable place for those groups or minorities
to wrest respect from those who were disposed to give it
This breaks the delicate balance between majority and minority in Constitutional thought. In such a perspective where there is no common good, minorities are no longer problematic and the protection of them emerges as THE central function of government. — Allan Bloom

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

Judges who take the law into their own hands, who make up constitutional 'rights' in order to strike down laws they oppose, undermine the people's right to have their values shape public policy and define the culture. — Orrin Hatch

If a juror feels that the statute involved in any criminal offence is unfair, or that it infringes upon the defendant's natural god-given unalienable or constitutional rights, then it is his duty to affirm that the offending statute is really no law at all and that the violation of it is no crime at all, for no one is bound to obey an unjust law. — Harlan F. Stone

There are a lot of things that I really question - the legality of the drone strikes, these NSA revelations. Jimmy Carter came out and said we don't live in a democracy. That's a little intense when an ex-president says that. So you know, he's got some explaining to do, particularly for a constitutional law professor. — Matt Damon

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

Obama's global drone assassination campaign, a remarkable innovation in global terrorism, exhibits the same patterns. By most accounts, it is generating terrorists more rapidly than it is murdering those suspected of someday intending to harm us - an impressive contribution by a constitutional lawyer on the eight hundredth anniversary of Magna Carta, which established the basis for the principle of presumption of innocence that is the foundation of civilized law. — Noam Chomsky

The propriety of a law, in a constitutional light, must always be determined by the nature of the powers upon which it is founded. — Alexander Hamilton

The national will is the supreme law of the Republic, and on all subjects within the limits of his constitutional powers should be faithfully obeyed by the public servant. — Martin Van Buren

Very quickly the lawyers in the Justice Department pulled together a set of recommendations about how we ought to defend the law as a constitutional matter. And it was the lawyers in the Justice Department who thought that it was important to include the tax power argument as part of it. — Donald Verrilli Jr.

If there's a distinct group of Americans who harbor open contempt for constitutional principles and rule of law, it's lawyers, judges and members of Congress. — Walter E. Williams

Between democracy and rule of law There has always been a close historical association between the rise of democracy and the rise of liberal rule of law.32 As we saw in chapter 27, the rise of accountable government in England was inseparable from the defense of the Common Law. Extension of the rule of law to apply to wider circles of citizens has always been seen as a key component of democracy itself. This association has continued through the third-wave democratic transitions after 1975, where the collapse of Communist dictatorships led to both the rise of electoral democracy and the creation of constitutional governments protecting individuals' rights. — Francis Fukuyama

After Darwin, God's role changes from being the designer of all creatures great and small to being the designer of the laws of nature, from which natural selection can unfold, to being perhaps just the chooser of the laws. By the time God's role has been so diminished, he becomes a bit like a constitutional monarch, presiding ceremonially but not having any more work to do. That's a place for God if it makes people comfortable to keep God as the presider over the universe. I suppose that is satisfying for many. — Daniel Dennett

James Madison, the author of the First Amendment to the Constitution, prohibiting any law respecting an establishment of religion, was also an author of Article VI, which states unambiguously that "no religious test shall ever be required as a qualification to any office or public trust." His later Detached Memoranda make it very plain that he opposed the government appointment of chaplains in the first place, either in the armed forces or at the opening ceremonies of Congress. "The establishment of the chaplainship to Congress is a palpable violation of equal rights, as well as of Constitutional principles. — Christopher Hitchens

The Snowdenistas' exaggeration stems from a conflation of self-criticism with self-hatred. In their eyes, democracy, the rule of law and constitutional government have been so eroded that the West carries no moral weight at all. The authorities are capable of anything, so it is sensible to assume that they do what they are capable of. Why would they stop? — Edward Lucas

When law enforcers are shown to have such unswerving integrity, only the most churlish among us would question the methods they use to "get their man." Constitutional guarantees are regarded as bothersome "technicalities" that impede honest law enforcers in the performance of their duties. — Donna Woolfolk Cross