Statute Law Quotes

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Free love? As if love is anything but free! Man has bought brains, but all the millions in the world have failed to buy love. Man has subdued bodies, but all the power on earth has been unable to subdue love. Man has conquered whole nations, but all his armies could not conquer love. Man has chained and fettered the spirit, but he has been utterly helpless before love. High on a throne, with all the splendor and pomp his gold can command, man is yet poor and desolate, if love passes him by. And if it stays, the poorest hovel is radiant with warmth, with life and color. Thus love has the magic power to make of a beggar a king. Yes, love is free; it can dwell in no other atmosphere. In freedom it gives itself unreservedly, abundantly, completely. All the laws on the statutes, all the courts in the universe, cannot tear it from the soil, once love has taken root.
Emma Goldman (Marriage and Love)
WE two boys together clinging, One the other never leaving, Up and down the roads going, North and South excursions making, Power enjoying, elbows stretching, fingers clutching, Arm'd and fearless, eating, drinking, sleeping, loving. No law less than ourselves owning, sailing, soldiering, thieving, threatening, Misers, menials, priests alarming, air breathing, water drinking, on the turf or the sea-beach dancing, Cities wrenching, ease scorning, statutes mocking, feebleness chasing, Fulfilling our foray.
Walt Whitman
You took my Lotus!” Sissy choked on her champagne, and Ronnie started looking for the exits or law enforcement with arrest warrants. Lord, what is the statute of limitations again?
Shelly Laurenston (The Mane Attraction (Pride, #3))
There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary to the public interest. This strange doctrine is not supported by statute or common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back.
Robert A. Heinlein
He was wild when he was young; a long while ago to be sure; but in the law of God, there is no statute of limitations. Ay, it must be that; the ghost of some old sin, the cancer of some concealed disgrace: punishment coming, PEDE CLAUDO, years after memory has forgotten and self-love condoned the fault.
Robert Louis Stevenson (Dr. Jekyll and Mr. Hyde)
Obedience is the virtue that determines whether a person is either a servant or a rebel. Life of integrity is built on obedience of God's statutes and nothing else.
Israelmore Ayivor
Crime is naught but misdirected energy. So long as every institution of today, economic, political, social, and moral, conspires to misdirect human energy into wrong channels; so long as most people are out of place doing the things they hate to do, living a life they loathe to live, crime will be inevitable, and all the laws on the statutes can only increase, but never do away with, crime.
Emma Goldman
As is well known, what characterizes both the Fascist and Nazi regimes is that they allowed the existing constitutions (the Albertine Statute and the Weimar Constitution, respectively) to subsist, and according to a paradigm that has been acutely defined as "dual state" - they placed beside the legal constitution a second structure, often not legally formalized, that could exist alongside the other because of the state of exception.
Giorgio Agamben (State of Exception)
Do we care to match the reality of America to its ideals? If so, do we really believe that our notions of self-government and individual freedom, equality of opportunity and equality before the law, apply to everybody? Or are we instead committed, in practice if not in statute, to reserving those things for a privileged few?
Barack Obama (A Promised Land)
I should hang ten thousand that dared to rise against the law, and an ocean of salt tears could not melt the resolution of the statutes.
Arthur Miller (The Crucible)
He was wild when he was young; a long while ago to be sure; but in the law of God, there is no statute of limitations.
Robert Louis Stevenson (Strange Case of Dr. Jekyll and Mr. Hyde & Other Stories)
Far from being laws to protect women, antipolygamy statutes may really do more to protect men.
Matt Ridley
As Justice Oliver Wendell Holmes put it: “We do not inquire what the legislature meant; we ask only what the statute means.
Antonin Scalia (Reading Law: The Interpretation of Legal Texts)
the statute was five years only at the time of the discovery of radium poisoning; following the emergence of the girls’ cases, the law was rewritten in order to shorten it.
Kate Moore (The Radium Girls: The Dark Story of America's Shining Women)
The arm of the Federal government is long, but it is far too short to protect the rights of individuals in the interior of distant States. They must have the power to protect themselves, or they will go unprotected, spite of all the laws the Federal government can put upon the national statute-book.
Frederick Douglass (Collected Articles of Frederick Douglass)
From time to time our national history has been marred by forgetfulness of the Jeffersonian principle that restraint is at the heart of liberty. In 1789 the Federalists adopted Alien and Sedition Acts in a shabby political effort to isolate the Republic from the world and to punish political criticism as seditious libel. In 1865 the Radical Republicans sought to snare private conscience in a web of oaths and affirmations of loyalty. Spokesmen for the South did service for the Nation in resisting the petty tyranny of distrustful vengeance. In the 1920's the Attorney General of the United States degraded his office by hunting political radicals as if they were Salem witches. The Nation's only gain from his efforts were the classic dissents of Holmes and Brandeis. In our own times, the old blunt instruments have again been put to work. The States have followed in the footsteps of the Federalists and have put Alien and Sedition Acts upon their statute books. An epidemic of loyalty oaths has spread across the Nation until no town or village seems to feel secure until its servants have purged themselves of all suspicion of non-conformity by swearing to their political cleanliness. Those who love the twilight speak as if public education must be training in conformity, and government support of science be public aid of caution. We have also seen a sharpening and refinement of abusive power. The legislative investigation, designed and often exercised for the achievement of high ends, has too frequently been used by the Nation and the States as a means for effecting the disgrace and degradation of private persons. Unscrupulous demagogues have used the power to investigate as tyrants of an earlier day used the bill of attainder. The architects of fear have converted a wholesome law against conspiracy into an instrument for making association a crime. Pretending to fear government they have asked government to outlaw private protest. They glorify "togetherness" when it is theirs, and call it conspiracy when it is that of others. In listing these abuses I do not mean to condemn our central effort to protect the Nation's security. The dangers that surround us have been very great, and many of our measures of vigilance have ample justification. Yet there are few among us who do not share a portion of the blame for not recognizing soon enough the dark tendency towards excess of caution.
John F. Kennedy
The famous words of Emma Lazarus on the pedestal of the Statute of Liberty read: "Give me your tired, your poor, your huddled masses yearning to breathe free." Until 1921 this was an accurate picture of our society. Under present law it would be appropriate to add: "as long as they come from Northern Europe, are not too tired or too poor or slightly ill, never stole a loaf of bread, never joined any questionable organization, and can document their activities from the past two years.
John F. Kennedy (A Nation of Immigrants)
Not prayer nor Bible verse, nor scholarship nor wit, nor grant under seal nor statute law can alter the fact of villain blood. Not all his craft and guile can make him a Howard, or a Cheney, or a Fitzwilliam, a Stanley or even a Seymour: not even in an emergency.
Hilary Mantel (The Mirror & the Light (Thomas Cromwell, #3))
He was to become the lawmaker for the poor and the downtrodden and the oppressed. He was to be the bearer of at least a measure of social justice to those whom social justice had so long been denied. The restorer of at least a measure of dignity to those who so desperately needed to be given some dignity. The redeemer of the promises made by them to America. “It is time to write it in the books of law.” By the time Lyndon Johnson left office he had done a lot of writing in those books, had become, above all presidents save Lincoln, the codifier of compassion, the president who wrote mercy and justice in the statute books by which America was governed.
Robert A. Caro (The Passage of Power (The Years of Lyndon Johnson, #4))
The state, in fact, had somewhat pioneering legislation; a new law had come in only that January that made industrial diseases compensable. But—and it was a big but—only nine diseases were on the permitted list, and there was a five-month statute of limitations, meaning any legal claim had to be filed within five months of the point of injury
Kate Moore (The Radium Girls: The Dark Story of America's Shining Women)
When juries struggle with the meaning of “gross negligence,” judges will often explain that it is behavior of a reckless or extremely careless nature. By describing Clinton’s conduct as “extremely careless,” Comey was admitting that Clinton broke the law, although he twisted the language and the statute to create the appearance that she did not.
Gregg Jarrett (The Russia Hoax: The Illicit Scheme to Clear Hillary Clinton and Frame Donald Trump)
There is no law, there is only conjecture. The Progressive ethos changes the law's meaning according to fad and fashion.
A.E. Samaan
Law enforcement ignore many crimes until the statute of limitations prevents the illegal activities from being investigated.
Steven Magee
That betrayal may not be a chargeable offense in a court of law. But there is no statute of limitations on its impact. And there should be no forgetting.
The Boston Globe (Betrayal: The Crisis in the Catholic Church: The findings of the investigation that inspired the major motion picture Spotlight)
There are two types of laws, those that are just and those that are unjust. A just law is a man-made code that squares with the moral law. An unjust law is a code that is out of harmony with the moral law...Any law that uplifts the human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality.
Martin Luther King Jr.
At one time the Irish had been forbidden by English law to educate their children, to own a horse worth more than five pounds, to play the Irish pipes, to wear the color green… the list went on and on. Most of the oppressive statutes were no longer enforced, but the shamed submission they had engendered remained.
Morgan Llywelyn (1916: A Novel of the Irish Rebellion (Irish Century Book 1))
That there is no autonomous space in the political order of the nation-state for something like the pure human in itself is evident at the very least from the fact that, even in the best of cases, the status of refugee has always been considered a temporary condition that ought to lead either to naturalization or to repatriation. A stable statute for the human in itself is inconceivable in the law of the nation-state.
Giorgio Agamben (Means Without End: Notes on Politics)
...Ethical laws cannot be thought of as emanating originally merely from the will of this superior being as statutes, which, had he not first commanded them, would perhaps not be binding, for then they would not be ethical laws and the duty proper to them would not be the free duty of virtue but the coercive duty of law.
Immanuel Kant (Religion within the Limits of Reason Alone)
Hitler fantasized that the United States so fully shared his racist views that it would ultimately side with the Third Reich. Nazi writers regularly pointed to America’s anti-Asian immigration quotas and bigoted Jim Crow laws to deflect foreign criticism of their own discriminatory statutes. Even the German quest for Lebensraum found its model in America’s westward expansion, during which, as Hitler noted, U.S. soldiers and frontiersmen “gunned down . . . millions of Redskins.
Madeleine K. Albright (Fascism: A Warning)
However, high-ranking officials at the FBI and DOJ could and should be prosecuted for using their positions of authority to abuse the law and the constitutional rights of American citizens. At least six different felony statutes appear to have been broken.
Gregg Jarrett (The Russia Hoax: The Illicit Scheme to Clear Hillary Clinton and Frame Donald Trump)
Dworkin, for example, argues that our law includes not only norms found in treaties, customs, constitutions, statutes, and cases, but also moral principles that provide the best justification for the norms found there.5 On his account the things justified by moral
H.L.A. Hart (The Concept of Law (Clarendon Law Series))
Minimum wage increases. The Nobel Prize economist Milton Friedman has observed that the minimum wage is "one of the most ... anti-black laws on the statute books" because it destroys entry level jobs for second paycheck earners, teens, and other unskilled workers.
David Horowitz (Hating Whitey and Other Progressive Causes)
Perhaps it was true a century ago—I deeply regret that it is no longer true—but the United States criminal justice system long ago lost any legitimate claim to the loyal cooperation of American citizens. You cannot write tens of thousands of criminal statutes, including many touching upon conduct that is neither immoral nor dangerous, write those laws as broadly as you can imagine, scatter them throughout the thousands of pages of the United States Code—and then expect decent law-abiding, unsuspecting citizens to cooperate with an investigation into whether they may have violated some law they have never even heard about. The next time some police officer or government agent asks you whether you would be willing to answer a few questions about where you have been and what you have been doing, you must respectfully but very firmly decline.
James Duane (You Have the Right to Remain Innocent)
This is not an accident.  Progressivism is a mindset that favors the use of aggressive government force to solve social problems.  Prison is one of its main tools.  Prison is the threat behind every progressive edict.  If you don’t directly merit prison by violating a criminal statute, you can earn prison by interfering with a government agent enforcing progressive policies or by ignoring a court order to obey the law.  A large number of prisoners are incarcerated either because they violated a progressive drug law or because their illegal drug habit drew them into a criminal lifestyle. 
James Ostrowski (Progressivism: A Primer on the Idea Destroying America)
Their quarry had been cornered in his defenses and their bloodlust was such that they were likely to pay top Julep to watch him escape, so that he might be brutalized and killed before their very eyes, as this was much more gratifying to them than simply watching justice be enacted. They, too, understood that societal constructs for justice were moderate gratification, at best, as they were empty and subject to contradictions and compromises steeped in moral relativism and an unconditional dependence upon overblown semantics that made the law a mockery of itself. As for the ideologies that these hollow systems of jurisprudence sought to define and uphold: these could easily be subjugated through a meticulous analysis of the trivial components of one statute or another. The rule of law had failed them. What the people wanted, in its stead, was rather simple: moral absolutes. Good versus evil. And evil was not to be simply prevailed over. Evil was to be dominated and effectively eliminated, because as long as it was able to while away the time somewhere—in some sweaty prison cell, far away, staring out the barred window with a wry smile, as it plotted its next offensive on the Common Good, a sense of wholeness could not be achieved.
Ashim Shanker (Don't Forget to Breathe (Migrations, Volume I))
Especially the call for a 28th Amendment. Alex had long been a proponent of changing the Constitution to ensure that every federal statute also applied equally to members of Congress. He’d hated how the legislative branch liked to exempt itself from laws imposed on everyone else, elevating Congress into some sort of ruling class.
Steve Berry (The Lost Order (Cotton Malone #12))
Congress responded promptly by passing a statute, provocatively titled the Religious Freedom Restoration Act (RFRA). The new law provided that a statute that appeared neutral on its face could not be applied in a way that placed a burden on the practice of religion unless the government could show that the burden served a “compelling interest.
Linda Greenhouse (The U.S. Supreme Court: A Very Short Introduction (Very Short Introductions))
Marijuana will be legal some day, because the many law students who now smoke pot will some day become Congressmen and legalize it in order to protect themselves. You wouldn't believe how many people smoke pot. If anyone reading this would like to become mayor, believe me, there is a vast, untapped vote. Of course, you wouldn't want to be the Marijuana Mayor, so you'd have to make it a trick statute, like: 'The Crippled Catholic Jewish War Children in Memory of Ward Bond Who Died for Your Bill to Make Marijuana Legal.
Lenny Bruce (How to Talk Dirty and Influence People)
If obedience is the chief thing good stood upon, why are not other laws and statutes urged as strictly as those which concern ceremonies?
George Gillespie (A Dispute Against the English Popish Ceremonies Obtruded on the Church of Scotland)
Because that Abraham obeyed my voice, and kept my charge, my commandments, my statutes, and my laws.
Anonymous (The Holy Bible, King James version 1611 (Annotated))
Exogenous and blind interpretation of statutes, topped with hustled implementation of laws by the corporates, leads only to more turmoil and less productivity.
Henrietta Newton Martin
Finally, an orator must have a keen mind capable of remembering a vast array of relevant precedents and examples from history, along with a thorough knowledge of the law and civil statutes.
Marcus Tullius Cicero (How to Run a Country: An Ancient Guide for Modern Leaders)
... in open breach of the said law, under the colour of extinguishing the fire kindled in the apartment of his Majesty's most dear imperial consort, did maliciously, traitorously, and devilishly, by discharge of his urine, put out the said fire kindled in the said apartment, lying and being within the precincts of the said royal palace; against the statute in that case provided...
Jonathan Swift (L2: Gulliver's Travels Bk & MP3 Pk (Pearson English Readers, Level 2))
This is the history of governments, - one man does something which is to bind another. A man who cannot be acquainted with me, taxes me; looking from afar at me, ordains that a part of my labour shall go to this or that whimsical end, not as I, but as he happens to fancy. Behold the consequence. Of all debts, men are least willing to pay the taxes. What a satire is this on government! Everywhere they think they get their money's worth, except for these. Hence, the less government we have, the better, - the fewer laws, and the less confided power. The antidote to this abuse of formal Government, is, the influence of private character, the growth of the Individual; the appearance of the principal to supersede the proxy; the appearance of the wise man, of whom the existing government, is, it must be owned, but a shabby imitation. That which all things tend to educe, which freedom, cultivation, intercourse, revolutions, go to form and deliver, is character; that is the end of nature, to reach unto this coronation of her king. To educate the wise man, the State exists; and with the appearance of the wise man, the State expires. The appearance of character makes the State unnecessary. The wise man is the State. He needs no army, fort, or navy, - he loves men too well; no bribe, or feast, or palace, to draw friends to him; no vantage ground, no favourable circumstance. He needs no library, for he has not done thinking; no church, for he is a prophet; no statute book, for he has the lawgiver; no money, for he is value; no road, for he is at home where he is; no experience, for the life of the creator shoots through him, and looks from his eyes. He has no personal friends, for he who has the spell to draw the prayer and piety of all men unto him, needs not husband and educate a few, to share with him a select and poetic life. His relation to men is angelic; his memory is myrrh to them; his presence, frankincense and flowers.
Ralph Waldo Emerson
Subvert the social and civil order! Aye, I would destroy, to the last vestige, this mockery of order, this travesty upon justice! Break up the home? Yes, every home that rests on slavery! Every marriage that represents the sale and transfer of the individuality of one of its parties to the other! Every institution, social or civil, that stands between man and his right; every tie that renders one a master, another a serf; every law, every statute, every be-it-enacted that represents tyranny; everything you call American privilege that can only exist at the expense of international right. Now cry out, "Nihilist-disintegrationist !" Say that I would isolate humanity, reduce society to its elemental state, make men savage! It is not true. But rather than see this devastating, cankering, enslaving system you call social order go on, rather than help to keep alive the accursed institutions of Authority, I would help to reduce every fabric in the social structure to its native element.
Voltairine de Cleyre (The Voltairine de Cleyre Reader)
The Law of Man is inferior to the Law of God for the mere fact that man is held responsible if he were to unintentionally breach it even if he were not aware of the existence of such man-made statutes.
Ibrahim Ibrahim (Quotable: My Worldview)
The canon and civil law; church and state; priests and legislators; all political parties and religious denominations have alike taught that woman was made after man, of man, and for man, an inferior being, subject to man. Creeds, codes, Scriptures and statutes, are all based on this idea. The fashions, forms, ceremonies and customs of society, church ordinances and discipline all grow out of this idea.
Elizabeth Cady Stanton (The Woman's Bible)
There must be a law if there is to be liberty. Try to play a piano and you will run into laws as fixed as the decrees of the Medes and Persians. But through those statutes you reach the songs, drudgery leads to delight. The law of Christ brings the liberty of Christ. Keep His statutes, and they become songs. The other side of commandment is conquest. What seems restraint to the outsider means release to you.
Adrian Rogers (The Incredible Power of Kingdom Authority: Getting an Upper Hand on the Underworld)
This idea of collective liberty also was expressed in many bizarre obligations which New England towns collectively imposed upon their members. Eastham’s town meeting, for example, ordered that no single man could marry until he had killed six blackbirds or three crows. Every town book contained many such rules.4 The General Court also passed sweeping statutes which allowed the magistrates to suppress almost any act, by any means. One such law, for example, threatened that “if any man shall exceed the bounds of moderation, we shall punish him severely.” The definition of “exceeding the bounds of moderation” was left to the magistrate.
David Hackett Fischer (Albion's Seed: Four British Folkways in America (America: a cultural history Book 1))
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
prohibited by “anti-miscegenation statutes” (the word miscegenation came into use in the 1860s, when supporters of slavery coined the term to promote the fear of interracial sex and marriage and the race mixing that would result if slavery was abolished). For over a century, law enforcement officials in many Southern communities absolutely saw it as part of their duty to investigate and punish black men who had been intimate with white women.
Bryan Stevenson (Just Mercy: A Story of Justice and Redemption)
We regard the minimum wage rate as one of the most, if not the most, antiblack laws on the statute books. The government first provides schools in which many young people, disproportionately black, are educated so poorly that they do not have the skills that would enable them to get good wages. It then penalizes them a second time by preventing them from offering to work for low wages as a means of inducing employers to give them on-the-job training. All this is in the name of helping the poor.
Milton Friedman (Free to Choose: A Personal Statement)
But it does not in general make sense to suppose that a legislature has an intent in passing a law. Legislation is a political process, in which deals are cut and compromises made. In both the public and the private deliberations about any statute many inconsistent reasons will be offered for framing a clause one way or another; many suggestions, not all of them consonant with one another, will be offered as to what the overall aims of the statute are. To extract from this mishmash of mixed motives a singular coherent intention will usually be impossible.46
Kwame Anthony Appiah (The Ethics of Identity)
Climate thinkers in the United States dared to hope that the legal system would work as intended. Their anticipation seemed not entirely far-fetched. The EPA stood clearly charged by the highest court in the land to make a finding as to whether carbon dioxide pollution endangered public health and welfare. Legally, the White House could not make the determination. It must be a scientific, not political, finding under the clear terms of the statute and in accordance with the Massachusetts v. EPA ruling. The science certainly seemed to force an endangerment determination. That is, if the agency acted.
Mary Christina Wood (Nature's Trust: Environmental Law for a New Ecological Age)
Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority.
Martin Luther King Jr. (Letter from Birmingham Jail)
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
Hauriou, became a crown witness for us when he confirmed this connection in 1916, in the midst of WWI: “The revolution of 1789 had no other goal than absolute access to the writing of legal statutes and the systematic destruction of customary institutions. It resulted in a state of permanent revolution because the mobility of the writing of laws did not provide for the stability of certain customary institutions, because the forces of change were stronger than the forces of stability. Social and political life in France was completely emptied of institutions and was only able to provisionally maintain itself by sudden jolts spurred by the heightened morality.
Carl Schmitt (The Plight of European Jurisprudence)
The law of the LORD is perfect, converting the soul; The testimony of the LORD is sure, making wise the simple; 8 The statutes of the LORDare right, rejoicing the heart; The commandment of the LORD is pure, enlightening the eyes; 9 The fear of the LORD is clean, enduring forever; The judgments of the LORDare true and righteous altogether.
Anonymous (Holy Bible: New King James Version (NKJV))
In a moral society, these are the criminals, and the statutes are written to protect you against them. But when a society establishes criminals-by-right and looters-by-law—men who use force to seize the wealth of disarmed victims—then money becomes its creators’ avenger. Such looters believe it safe to rob defenseless men, once they’ve passed a law to disarm them. But their loot becomes the magnet for other looters, who get it from them as they got it. Then the race goes, not to the ablest at production, but to those most ruthless at brutality. When force is the standard, the murderer wins over the pickpocket. And then that society vanishes, in a spread of ruins and slaughter.
Ayn Rand (Atlas Shrugged)
The earth lies defiled         under its inhabitants;     for they have transgressed the laws,         violated the statutes,         broken the everlasting covenant.     6 Therefore a curse devours the earth,         and its inhabitants suffer for their guilt;     therefore the inhabitants of the earth are scorched,         and few men are left.
Anonymous (ESV Daily Reading Bible: Through the Bible in 365 Days, based on the popular M'Cheyne Bible Reading Plan: Through the Bible in 365 Days, based on the popular M'Cheyne Bible Reading Plan)
30“If† his sons †forsake My law And do not walk in My judgments, 31If they fbreak My statutes And do not keep My commandments, 32Then I will punish their transgression with the rod, And their iniquity with stripes. 33†Nevertheless My lovingkindness I will not gutterly take from him, Nor hallow My faithfulness to fail. 34My covenant I will not break, Nor †alter
Anonymous (Holy Bible, New King James Version)
Oh, how I love your law! I meditate on it all day long. Your commands make me wiser than my enemies, for they are ever with me. I have more insight than all my teachers, for I meditate on your statutes. I have more understanding than the elders, for I obey your precepts. How sweet are your words to my taste, sweeter than honey to my mouth! Psalms 119:97-100, 103
Anonymous (The Psalms)
Although this custom has been abolished, and the cage is now boarded up, the miserable and destitute condition of these unhappy persons remains the same. We no longer suffer them to appeal at the prison gates to the charity and compassion of the passersby; but we still leave unblotted the leaves of our statute book, for the reverence and admiration of succeeding ages, the just and wholesome law which declares that the sturdy felon shall be fed and clothed, and that the penniless debtor shall be left to die of starvation and nakedness. This is no fiction. Not a week passes over our head, but, in every one of our prisons for debt, some of these men must inevitably expire in the slow agonies of want, if they were not relieved by their fellow-prisoners.
Charles Dickens (The Complete Works of Charles Dickens)
[A] constitution is not intended to embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the State or of laissez faire. It is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar or novel and even shocking ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States. . . . [T]he word liberty in the Fourteenth Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion, unless it can be said that a rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been understood by the traditions of our people and our law.
Oliver Wendell Holmes Jr.
But if there be a country which cannot stand any one of these tests, — a country where knowledge cannot be diffused without perils of mob-law and statute-law; where speech is not free; where the post-office is violated, mail-bags opened, and letters tampered with; where public debts and private debts outside of the State are repudiated; where liberty is attacked in the primary institution of social life; where the position of the white woman is injuriously affected by the outlawry of the black woman; where the arts, such as they have, are all imported, having no indigenous life; where the laborer is not secured in the earnings of his own hands; where suffrage is not free or equal; — that country is, in all these respects, not civil, but barbarous; and no advantages of soil, climate, or coast can resist these suicidal mischiefs.
Ralph Waldo Emerson (Society and Solitude)
Sometimes the transcript is not so hidden. Point Four of the 1948 platform of Strom Thurmond’s States’ Rights Democratic Party—the Dixiecrats—weaves together the public and private in a seamless and visible whole: “We stand for the segregation of the races and the racial integrity of each race; the constitutional right to choose one’s associates; to accept private employment without governmental interference, and to earn one’s living in any lawful way. We oppose the elimination of segregation, the repeal of miscegenation statutes, the control of private employment by Federal bureaucrats called for by the misnamed civil rights program. We favor home-rule, local self-government and a minimum interference with individual rights.” The Rise of Conservatism in America, 1945–2000: A Brief History with Documents, ed. Ronald Story and Bruce Laurie (Boston:
Corey Robin (The Reactionary Mind: Conservatism from Edmund Burke to Sarah Palin)
Then you will see the rise of the men of the double standard—the men who live by force, yet count on those who live by trade to create the value of their looted money—the men who are the hitchhikers of virtue. In a moral society, these are the criminals, and the statutes are written to protect you against them. But when a society establishes criminals-by-right and looters-by-law—men who use force to seize the wealth of disarmed victims—then money becomes its creators’ avenger. Such looters believe it safe to rob defenseless men, once they’ve passed a law to disarm them. But their loot becomes the magnet for other looters, who get it from them as they got it. Then the race goes, not to the ablest at production, but to those most ruthless at brutality. When force is the standard, the murderer wins over the pickpocket. And then that society vanishes, in a spread of ruins and slaughter.
Ayn Rand (Atlas Shrugged)
Revive me, O LORD, according to Your word. 108Accept, I pray, the freewill offerings of my mouth, O LORD, And teach me Your judgments. 109My life is continually in my hand, Yet I do not forget Your law. 110The wicked have laid a snare for me, Yet I have not strayed from Your precepts. 111Your testimonies I have taken as a heritage forever, For they are the rejoicing of my heart. 112I have inclined my heart to perform Your statutes Forever, to the very end.
Anonymous (The NKJV Daily Bible)
Restraining orders” separating fathers and children (often for life) are routinely issued during divorce proceedings without any evidence of legal wrongdoing, often without notifying the father to be present to defend himself or without any hearing at all. These orders do not punish criminals for illegal acts they are proven to have committed but prohibit law-abiding citizens from otherwise legal acts—like being in their own homes or with their own children. With the stroke of a pen, judges can simply legislate new crimes around each individual, who will then be arrested for doing what no statute prohibits and what the rest of us may do without penalty. “Once the restraining order is in place, a vast range of ordinarily legal behavior”—most often contact with one’s own children—is “criminalized.” Because violent assault and other statutory crimes are already punishable, the only people punished are peaceful, law-abiding citizens.
Stephen Baskerville
Leaving the criminal law on one side, what is the difference between the liability under the mill acts or statutes authorizing a taking by eminent domain and the liability for what we call a wrongful conversion of property where restoration is out of the question. In both cases the party taking another man's property has to pay its fair value as assessed by a jury, and no more. What significance is there in calling one taking right and another wrong from the point of view of the law?
Oliver Wendell Holmes Jr. (The Path of the Law (Little Books of Wisdom))
It wasn’t until 1967 that the United States Supreme Court finally struck down anti-miscegenation statutes in Loving v. Virginia, but restrictions on interracial marriage persisted even after that landmark ruling. Alabama’s state constitution still prohibited the practice in 1986 when Walter met Karen Kelly. Section 102 of the state constitution read: The legislature shall never pass any law to authorise or legalise any marriage between any white person and a Negro or descendant of a Negro.* No
Bryan Stevenson (Just Mercy: A Story of Justice and Redemption)
Most of our readers will remember, that, until within a very few years past, there was a kind of iron cage in the wall of the Fleet Prison, within which was posted some man of hungry looks, who, from time to time, rattled a money-box, and exclaimed in a mournful voice, ‘Pray, remember the poor debtors; pray remember the poor debtors.’ The receipts of this box, when there were any, were divided among the poor prisoners; and the men on the poor side relieved each other in this degrading office. Although this custom has been abolished, and the cage is now boarded up, the miserable and destitute condition of these unhappy persons remains the same. We no longer suffer them to appeal at the prison gates to the charity and compassion of the passersby; but we still leave unblotted the leaves of our statute book, for the reverence and admiration of succeeding ages, the just and wholesome law which declares that the sturdy felon shall be fed and clothed, and that the penniless debtor shall be left to die of starvation and nakedness. This is no fiction.
Charles Dickens (The Complete Works of Charles Dickens)
We Two Boys Together Clinging We two boys together clinging, One the other never leaving, Up and down the roads going, North and South excursions making, Power enjoying, elbows stretching, fingers clutching, Arm'd and fearless, eating, drinking, sleeping, loving. No law less than ourselves owning, sailing, soldiering, thieving, threatening, Misers, menials, priests alarming, air breathing, water drinking, on the turf or the sea-beach dancing, Cities wrenching, ease scorning, statutes mocking, feebleness chasing, Fulfilling our foray.
Walt Whitman (Leaves of Grass)
Do not go down to Egypt; dwell  xin the land of which I shall tell you. 3 ySojourn in this land, and  zI will be with you and will bless you, for  ato you and to your offspring I will give all these lands, and I will establish  bthe oath that I swore to Abraham your father. 4 cI will multiply your offspring as the stars of heaven and will give to your offspring all these lands. And  din your offspring all the nations of the earth shall be blessed, 5because  eAbraham obeyed my voice and kept my charge, my commandments, my statutes, and my laws.
Anonymous (Holy Bible: English Standard Version (ESV))
FORGET FERES DOCTRINE And the military has immunity! Yes! The feres doctrine! It states “the Government is not liable under the Federal Tort Claims Act for injuries to servicemen where injuries arise out of or are in the course of activity incident to service” (U.S. Supreme Court 1950). Federal law and our Supreme Court shield acts of rape and sexual brutality in the military as proven by its subsequent ruling on a 2001 case that denied a plaintiffs right to file a civil suit against her accusers. Yet when women report the crime, it is handled internally Commanders are given the discretion to resolve complaints. The report may not go beyond his office. Many times he's part of the problem or a sympathizer with the offender. This certainly was my case! Our Supreme Court ruled as recently as 2001 that rape is an injury incident to the course of activity in the service! THE HEINOUS CRIME OF RAPE IS ACCEPTABLE AND CONDONED BY OUR SUPREME COURT! WOMEN ARE FAIR GAME FOR RAPE AND HARRASSMENT, ACCORDING TO OUR SUPREME COURT! CONGRESS IS NO BETTER! NO LAWS ARE PASSED TO PROTECT US IN THE MILITARY AGAINST THE STATUTE OF LIMITATION FOR THE FELONY OF RAPE!
Diane Chamberlain (Conduct Unbecoming: Rape, Torture, and Post Traumatic Stress Disorder from Military Commanders)
Only in the biblical revelation is the tension between law and love resolved, with vast social and historical implications, in the person and work of Jesus Christ. By His perfect righteousness and His vicarious atonement, the strictest requirements of law and justice were fully met and fulfilled, and the statutes of God observed to every jot and tittle, and yet, at one and the same time, the love of God unto salvation was manifested in and through Him. The cross thus is the symbol of the unity of law and love in Jesus Christ and of the full requirement and mutual integrity of both.
Rousas John Rushdoony (Thy Kingdom Come: Studies in Daniel and Revelation)
Senator Hill has done me the honor to take me as the antitype of his political methods and political views, and has singled me out for attack in connection with the Excise Law. Senator Hill’s complaint is that I honestly enforce the law which he and Tammany put on the statute books … [His] assault upon that honest enforcement is the admission, in the first place, that it never has been honestly enforced before, and, in the next place, that he never expected it to be … It is but natural that he and Tammany should grow wild with anger at the honest enforcement of the law, for it was a law which was intended to be the most potent weapon in keeping the saloons subservient allies to Tammany Hall. With a law such as this, enforced only against the poor or the honest man and violated with impunity by every rich scoundrel and every corrupt politician, the machine did indeed seem to have its yoke on the neck of the people. But we throw off that yoke, and no special pleading of Senator Hill can avail to make us put it on … Where justice is bought, where favor is the price of money or political influence, the rich man held his own and the poor man went to the wall. Now all are treated exactly alike.107
Edmund Morris (The Rise of Theodore Roosevelt)
Seven titles for the Word of God from Psalm 1 (NKJV): ‘law’ = ‘teaching’, the word to instruct (v. 1); ‘testimonies’, what God ‘testifies to’ as his truth and the truth about himself, the word to reveal (v. 2); ‘ways’, the word as the guide to characteristic life-style (v. 3); ‘precepts’, the word as instruction for the details of daily life (v. 4); ‘statutes’, from the verb ‘to engrave’, the word in its permanency, engraven in the rock (v. 5); ‘commandments’, the word given by God for our obedience (v. 6); ‘judgments’—as of the authoritative pronouncements of a judge; the word expressing what the Lord himself has ‘decided upon’ as truth to hold and life to live (v. 7).
J. Alec Motyer (A Christian's Pocket Guide to Loving the Old Testament)
17Moses’ father-in-law said to him, “What you are doing is not good. 18You and the people with you will certainly wear yourselves out, for the thing is too heavy for you.  cYou are not able to do it alone. 19Now obey my voice; I will give you advice, and God be with you! You shall  drepresent the people before God and  ebring their cases to God, 20and you shall warn them about the statutes and the laws, and make them know  fthe way in which they must walk and  gwhat they must do. 21Moreover, look for  hable men from all the people, men who fear God, who are trustworthy and hate a bribe, and place such men over the people as chiefs of thousands, of hundreds, of fifties, and of tens.
Anonymous (Holy Bible: English Standard Version (ESV))
The next break came from statute law, namely from the Equal Science Act. This says that “no scientific theory, hypothesis, principle, law definition, program, procedure or statement may be taught in any California school while in conflict with any other theory etc arising from any religious teaching, unless both theories etc are given equal emphasis as equally valid”. The idea was to give Genesis equal time with evolution as a creation theory, but it soon got out of hand, with Ptolemaic Anabaptists insisting on equal time with the Copernican theory, and finally with the Christian Flat Earth Assembly (Swiss Synod), whose representatives brought a suit against a California teacher for mentioning satellites. These are no satellites orbiting a flat earth, they pointed out, and so anyone mentioning satellites should also express doubt about their existence. A group of astronomers filed a countersuit, claiming that if satellites were unreal, their livelihood was in jeopardy. Moreover, satellite communications could not work and could not therefore be licensed by the government. ‘The state legislature had to meet quickly and draft an amendment to the California Comsat Act of 1998. In effect, the amendment hedged on the question of the reality of satellites by considering them as “sentient devices”. Thus if satellites believed in their own existence, they had a right to be real. Of course this opened up the whole question of freedom of religious belief for robots
John Sladek (Tik-Tok)
When the battle resumed in 1995, the Court’s target was an obscure federal statute that barred possession of guns near school buildings. Since every state had a similar law, the fate of the federal law, the Gun-Free School Zones Act, was of little moment. Nonetheless, the decision invalidating the statute, United States v. Lopez, ushered in the Rehnquist Court’s federalism revolution. Writing for the majority, Chief Justice Rehnquist said that to uphold the statute would be to blur the “distinction between what is truly national and what is truly local.” This analysis implied an end to the long period during which the Court permitted Congress to decide for itself whether the distinction between national and local mattered for any particular piece of legislation. The vote was 5 to 4, with the dissenters quick to point out the implications. Justice Souter warned that “it seems fair to ask whether the step taken by the Court today does anything but portend a return to the untenable jurisprudence from which the Court extricated itself almost sixty years ago.” There followed, in quick succession, a series of closely divided decisions that constricted congressional authority not only under the Commerce Clause but also under the Fourteenth Amendment. Section 5 of the Fourteenth Amendment gives Congress “the power to enforce, by appropriate legislation, the provisions of this article”—namely, the guarantees of due process and equal protection provided by the amendment’s Section 1.
Linda Greenhouse (The U.S. Supreme Court: A Very Short Introduction (Very Short Introductions))
be “a familiar judicial exercise.”46 My colleagues believed the courts should not avoid the question by invoking the “political question” doctrine.47 They consequently sent the case back to the lower court for a decision on the merits.48 Though alone, I saw the case differently. “In the Middle East,” I wrote, “administrative matters can have implications that extend far beyond the purely administrative.”49 The secretary of state had argued that requiring her to stamp the word Israel on a passport would represent an “official decision by the United States to begin to treat Jerusalem as a city” under Israeli sovereignty.50 She maintained that upholding the statute would have significant foreign policy implications (a conclusion that others denied). Because of our inability to know the answer to this kind of dispute, I concluded that the merits of the case raised a political question, which the other two branches should resolve between themselves.51 What matters for our purposes, however, is that the other members of the Court disagreed with me. They thought that, even there, the doctrine did not prevent the Court from reviewing the merits of this foreign policy-related question. The upshot is that neither the classical view of Cicero nor the “political question” doctrine prevents today’s Court from reaching, and deciding the merits of, many questions in which security and civil liberties collide. But there are other doctrines, embodied in other cases, that have had much the same effect.
Stephen G. Breyer (The Court and the World: American Law and the New Global Realities)
When a serious felony case went to trial in a county like Monroe County, which was 40 percent black, it was not uncommon for prosecutors to exclude all African Americans from jury service. In fact, twenty years after the civil rights revolution, the jury remained an institution largely unchanged by the legal requirements of racial integration and diversity. As far back as the 1880s, the Supreme Court ruled in Strauder v. West Virginia that excluding black people from jury service was unconstitutional, but juries remained all-white for decades afterward. In 1945, the Supreme Court upheld a Texas statute that limited the number of black jurors to exactly one per case. In Deep South states, jury rolls were pulled from voting rolls, which excluded African Americans. After the Voting Rights Act passed, court clerks and judges still kept the jury rolls mostly white through various tactics designed to undermine the law. Local jury commissions used statutory requirements that jurors be "intelligent and upright" to exclude African Americans and women. In the 1970s, the Supreme Court ruled that underrepresentation of racial minorities and women in jury pools was unconstitutional, which in some communities at least led to black people being summoned to the courthouse for possible selection as jurors (if not selected). The Court had repeatedly made clear, though, that the Constitution does not require that racial minorities and women actually serve on juries—it only forbids excluding jurors on the basis of race or gender.
Bryan Stevenson (Just Mercy)
Treason the only crime defined in the Constitution. Tyranny as under the Stuart and Tudor kings characterized by the elimination of political dissent under the laws of treason. Treason statutes which were many and unending, the instrument by which the monarch eliminated his opposition and also added to his wealth. The property of the executed traitor forfeited by his heirs because of the loathsomeness of his crime. The prosecution of treason, like witchcraft, an industry. Founding Fathers extremely sensitive to the establishment of a tyranny in this country by means of ambiguous treason law. Themselves traitors under British law. Under their formulation it became possible to be guilty of treason only against the nation, not the individual ruler or party. Treason was defined as an action rather than thought or speech. "Treason against the US shall consist only in levying war against them, or in adhering to their Enemies, giving them Aid & Comfort...No person shall be convicted of treason unless on the testimony of two witnesses to the same Overt act, or on Confession in Open Court." This definition, by members of the constitutional convention, intended that T could not be otherwise defined short of constitutional amendment. "The decision to impose constitutional safeguards on treason prosecutions formed part of a broad emerging American tradition of liberalism...No American has ever been executed for treason against his country," says Nathaniel Weyl, Treason the story of disloyalty and betrayal in American history, published in the year 1950. I say if this be treason make the most of it.
E.L. Doctorow (The Book of Daniel)
The acquittal of Clinton, and the forgiving by implication of his abuses of public power and private resources, has placed future crooked presidents in a strong position. They will no longer be troubled by the independent counsel statute. They will, if they are fortunate, be able to employ “the popularity defense” that was rehearsed by Ronald Reagan and brought to a dull polish by Clinton. They will be able to resort to “the privacy defense” also, especially if they are inventive enough to include, among their abuses, the abuse of the opposite sex. And they will only be impeachable by their own congressional supporters, since criticism from across the aisle will be automatically subjected to reverse impeachment as “partisan.” This is the tawdry legacy of a sub-Camelot court, where unchecked greed, thuggery, and egotism were allowed to operate just above the law, and well beneath contempt.
Christopher Hitchens (No One Left to Lie To: The Triangulations of William Jefferson Clinton)
Fears of interracial sex and marriage have deep roots in the United States. The confluence of race and sex was a powerful force in dismantling Reconstruction after the Civil War, sustaining Jim Crow laws for a century and fueling divisive racial politics throughout the twentieth century. In the aftermath of slavery, the creation of a system of racial hierarchy and segregation was largely designed to prevent intimate relationships like Walter and Karen’s—relationships that were, in fact, legally prohibited by “anti-miscegenation statutes” (the word miscegenation came into use in the 1860s, when supporters of slavery coined the term to promote the fear of interracial sex and marriage and the race mixing that would result if slavery were abolished). For over a century, law enforcement officials in many Southern communities absolutely saw it as part of their duty to investigate and punish black men who had been intimate with white women.
Bryan Stevenson (Just Mercy)
The Negro had never really been patient in the pure sense of the word. The posture of silent waiting was forced upon him psychologically because he was shackled physically. In the days of slavery, this suppression was openly, scientifically and consistently applied. Sheer physical force kept the Negro captive at every point. He was prevented from learning to read and write, prevented by laws actually inscribed in the statute books. He was forbidden to associate with other Negroes living on the same plantation, except when weddings or funerals took place. Punishment for any form of resistance or complaint about his condition could range from mutilation to death. Families were torn apart, friends separated, cooperation to improve their condition carefully thwarted. Fathers and mothers were sold from their children and children were bargained away from their parents. Young girls were, in many cases, sold to become the breeders of fresh generations of slaves. The slaveholders of America had devised with almost scientific precision their systems for keeping the Negro defenseless, emotionally and physically. With the ending of physical slavery after the Civil War, new devices were found to "keep the Negro in his place." It would take volumes to describe these methods, extending from birth in jim-crow hospitals through burial in jim-crow sections of cemeteries. They are too well known to require a catalogue here. Yet one of the revelations during the past few years is the fact that the straitjackets of race prejudice and discrimination do not wear only southern labels. The subtle, psychological technique of the North has approached in its ugliness and victimization of the Negro the outright terror and open brutality of the South. The result has been a demeanor that passed for patience in the eyes of the white man, but covered a powerful impatience in the heart of the Negro.
Martin Luther King Jr. (Why We Can't Wait)
True law necessarily is rooted in ethical assumptions or norms; and those ethical principles are derived, in the beginning at least, from religious convictions. When the religious understanding, from which a concept of law arose in a culture, has been discarded or denied, the laws may endure for some time, through what sociologists call "cultural lag"; but in the long run, the laws also will be discarded or denied. With this hard truth in mind, I venture to suggest that the corpus of English and American laws--for the two arise for the most part from a common root of belief and experience--cannot endure forever unless it is animated by the spirit that moved it in the beginning: that is, by religion, and specifically by the Christian people. Certain moral postulates of Christian teaching have been taken for granted, in the past, as the ground of justice. When courts of law ignore those postulates, we grope in judicial darkness. . . . We suffer from a strong movement to exclude such religious beliefs from the operation of courts of law, and to discriminate against those unenlightened who cling fondly to the superstitions of the childhood of the race. Many moral beliefs, however, though sustained by religious convictions, may not be readily susceptible of "scientific" demonstration. After all, our abhorrence of murder, rape, and other crimes may be traced back to the Decalogue and other religious injunctions. If it can be shown that our opposition to such offenses is rooted in religion, then are restraints upon murder and rape unconstitutional? We arrive at such absurdities if we attempt to erect a wall of separation between the operation of the laws and those Christian moral convictions that move most Americans. If we are to try to sustain some connection between Christian teaching and the laws of this land of ours, we must understand the character of that link. We must claim neither too much nor too little for the influence of Christian belief upon our structure of law. . . . I am suggesting that Christian faith and reason have been underestimated in an age bestridden, successively, by the vulgarized notions of the rationalists, the Darwinians, and the Freudians. Yet I am not contending that the laws ever have been the Christian word made flesh nor that they can ever be. . . . What Christianity (or any other religion) confers is not a code of positive laws, but instead some general understanding of justice, the human condition being what it is. . . . In short, judges cannot well be metaphysicians--not in the execution of their duties upon the bench, at any rate, even though the majority upon the Supreme Court of this land, and judges in inferior courts, seem often to have mistaken themselves for original moral philosophers during the past quarter century. The law that judges mete out is the product of statute, convention, and precedent. Yet behind statute, convention, and precedent may be discerned, if mistily, the forms of Christian doctrines, by which statute and convention and precedent are much influenced--or once were so influenced. And the more judges ignore Christian assumptions about human nature and justice, the more they are thrown back upon their private resources as abstract metaphysicians--and the more the laws of the land fall into confusion and inconsistency. Prophets and theologians and ministers and priests are not legislators, ordinarily; yet their pronouncements may be incorporated, if sometimes almost unrecognizably, in statute and convention and precedent. The Christian doctrine of natural law cannot be made to do duty for "the law of the land"; were this tried, positive justice would be delayed to the end of time. Nevertheless, if the Christian doctrine of natural law is cast aside utterly by magistrates, flouted and mocked, then positive law becomes patternless and arbitrary.
Russell Kirk (Rights and Duties: Reflections on Our Conservative Constitution)
questioning the lawfulness of a long-standing State Department policy specifying that the birthplace of an American citizen born in Jerusalem be given as “Jerusalem” rather than “Israel or Jordan” in his passport.43 The courts were asked to review this policy in light of a congressional statute requiring the State Department to describe the birthplace as “Israel” if the citizen so wished. Did the statute unconstitutionally interfere with the President’s power to conduct foreign affairs?44 The lower courts had decided that the case presented an unreviewable political question.45 But the Supreme Court held to the contrary. All the justices but one (and I was the one) considered the matter of deciding what the statute meant and whether it was constitutional to be “a familiar judicial exercise.”46 My colleagues believed the courts should not avoid the question by invoking the “political question” doctrine.47 They consequently sent the case back to the lower court for a decision on the merits.48 Though alone, I saw the case differently. “In the Middle East,” I wrote, “administrative matters can have implications that extend far beyond the purely administrative.”49 The secretary of state had argued that requiring her to stamp the word Israel on a passport would represent an “official decision by the United States to begin to treat Jerusalem as a city” under Israeli sovereignty.50 She maintained that upholding the statute would have significant foreign policy implications (a conclusion that others denied). Because of our inability to know the answer to this kind of dispute, I concluded that the merits of the case raised a political question, which the other two branches should resolve between themselves.51 What matters for our purposes, however, is that the other members of the Court disagreed with me. They thought that, even there, the doctrine did not prevent the Court from reviewing the merits of this foreign policy-related question. The upshot is that neither the classical view of Cicero nor the “political question” doctrine prevents today’s Court from reaching, and deciding the merits of, many questions in which security and civil liberties collide. But there are other doctrines, embodied in other cases, that have had much the same effect.
Stephen G. Breyer (The Court and the World: American Law and the New Global Realities)
To proceed one step farther: God has graciously promised to work obedience in His people. "I will put My spirit within you, and cause you to walk in My statutes, and ye shall keep My judgments and do them" (Ezek. 36:27)—He would not only point out the way, but move them to go therein; not force by external violence, but induce by an inward principle. "They shall all have one Shepherd: they shall also walk in My judgments and observe My statutes" (Ezek. 37:24). Christ makes them willing in the day of His power that He should rule over them, and then directs them by the sceptre of His righteousness. Under the new covenant God has engaged Himself to create in His people, by regenerating grace, a disposition which will find the spirituality and holiness of His requirements congenial unto it. "I will put My laws into their minds and write them in their hearts" (Heb. 8:10): 1 will bestow upon them a new nature which will incite unto obedience and cause them to delight in My Law after the inward man. Herein lies a part of their essential conformity unto Christ: "I delight to do Thy will, O My God; yea, Thy Law is within My heart" (Ps. 40:8).
Arthur W. Pink (Practical Christianity (Arthur Pink Collection Book 40))
Events in the African American town of Hamburg, in the Edgefield District of South Carolina, were typical of many others across the former Confederacy where white paramilitary groups mobilized to regain control of state governments. Their aim was simple: prevent African Americans from voting. In July 1876, a few months before the election that gave the presidency to Hayes, a violent rampage in Hamburg abolished the civil rights of freed slaves. Calling itself the Red Shirts, a collection of white supremacists killed six African American men and then murdered four others whom the gang had captured. Benjamin Tillman led the Red shirts; the massacre propelled him to a twenty-four-year career as the most vitriolic racist in the U.S. Senate. Following the massacre, the terror did not abate. In September, a 'rifle club' of more than 500 whites crossed the Savannah River from Georgia and camped outside Hamburg. A local judge begged the governor to protect the African American population, but to no avail. The rifle club then moved on to the nearby hamlet of Ellenton, killing as many as fifty African Americans. President Ulysses S. Grant then sent in federal troops, who temporarily calmed things down but did not eliminate the ongoing threats. Employers in the Edgefield District told African Americans they would be fired, and landowners threatened black sharecroppers with eviction if they voted to maintain a biracial state government. When the 1876 election took place, fraudulent white ballots were cast; the total vote in Edgefield substantially exceeded the entire voting age population. Results like these across the state gave segregationist Democrats the margin of victory they needed to seize control of South Carolina's government from the black-white coalition that had held office during Reconstruction. Senator Tillman later bragged that 'the leading white men of Edgefield' had decided to 'seize the first opportunity that the Negroes might offer them to provoke a riot and teach the Negroes a lesson.' Although a coroner's jury indicted Tillman and ninety-three other Red Shirts for the murders, they were never prosecuted and continued to menace African Americans. Federal troops never came to offer protection. The campaign in Edgefield was of a pattern followed not only in South Carolina but throughout the South. With African Americans disenfranchised and white supremacists in control, South Carolina instituted a system of segregation and exploitation that persisted for the next century. In 1940, the state legislature erected a statute honoring Tillman on the capitol grounds, and in 1946 Clemson, one of the state's public universities, renamed its main hall in Tillman's honor. It was in this environment that hundreds of thousands of African Americans fled the former Confederacy in the first half of the twentieth century.
Richard Rothstein (The Color of Law: A Forgotten History of How Our Government Segregated America)
Jim Crow was not merely about the physical separation of blacks and whites. Nor was segregation strictly about laws, despite historians' tendency to fix upon legal landmarks as Plessy v. Ferguson (1896), Brown v. Board of Education (1954), and the Civil Rights Act of 1964. In order to maintain dominance, whites needed more than the statutes and signs that specified "whites" and "blacks" only; they had to assert and reiterate black inferiority with every word and gesture, in every aspect of both public and private life. Noted theologian Howard Thurman dissected the "anatomy" of segregation with chilling precision in his classic 1965 book, The Luminous Darkness. A white supremacist society must not only "array all the forces of legislation and law enforcement, " he wrote; "it must falsify the facts of history, tamper with the insights of religion and religious doctrine, editorialize and slant news and the printed word. On top of that it must keep separate schools, separate churches, separate graveyards, and separate public accommodations-all this in order to freeze the place of the Negro in society and guarantee his basic immobility." Yet this was "but a partial indication of the high estimate" that the white South placed upon African Americans. "Once again, to state it categorically, " Thurman concludes, "the measure of a man's estimate of your strength is the kind of weapons he feels he must use in order to hold you fast in a prescribed place.
William Chafe, Raymond Gavins, Robert Korstad
To observe the kingdom of Scotland in 1513 in terms of the strength of the Crown, its relations with its magnates, the quality and administration of its justice, its economy, foreign relations, culture and religious life, is to see a community at some remove from the leaderless country inherited by James I in 1424; yet it is also to see a country still strongly tied to its ancient traditions, customs and ethnic divisions which it either could not, or would not, abandon. By 1513 the Crown was strong, popular, its position in society unassailable. It had both sought and obtained the co-operation of its nobility who were themselves closely bound together by bonds of alliance, and whose status in society was recognised by the strength and closeness its kin groups. It had introduced some useful, constructive statutes and had strengthened its legal procedures. It had sought to inform its legal officers of the body of the law. New and more efficient methods of land registration and of royal revenue collection had been the direct result of the reorganisation of the Chancery, the Exchequer, and of the Secretariat of the Privy Seal. Its economy was buoyant enough to enable a protected merchant class to trade modestly with the Baltic states through Denmark, with Southern Europe through its Staple in Flanders, with England and France. Through its many embassies abroad it pursued, as far as possible, constructive peace treaties with the major European powers.
Leslie J. MacFarlane (William Elphinstone and the Kingdom of Scotland, 1431 - 1514: The Struggle for Order)
Psalm 19 To the Overcomer, A Psalm of David. 1 ¶ The heavens declare the glory of God; and the firmament shows the work of his hands. 2 One day provides a word for the next day, and one night declares wisdom unto the next night. 3 There is no speech nor language, where their voice is not heard. 4 Their line is gone out through all the earth, and their words to the end of the world. In them he has set a tabernacle for the sun, 5 which is as a bridegroom coming out of his chamber and rejoices as a strong man to run a race. 6 His going forth is from the end of the heavens, and his circuit unto the ends of it: and there is nothing hid from the heat thereof. 7 ¶ The law of the LORD is perfect, converting the soul; the testimony of the LORD is sure, making wise the simple. 8 The statutes of the LORD are right, rejoicing the heart; the commandment of the LORD is pure, enlightening the eyes. 9 The fear of the LORD is clean, enduring for ever; the rights of the LORD are true, they are all just. 10 More to be desired are they than gold, than much fine gold; sweeter also than honey and the honeycomb. 11 Moreover by them is thy slave warned, and in keeping them there is great reward. 12 Who can understand his errors? cleanse thou me from secret faults. 13 Keep back thy slave also from pride and arrogance; let them not have dominion over me; then I shall be perfect, and I shall be innocent of the great rebellion. 14 Let the words of my mouth and the meditation of my heart be acceptable in thy sight, O LORD, my strength, and my redeemer.
Russell M. Stendal (The Holy Scriptures, Jubilee Bible 2000)
DEUTERONOMY 30  h “And  i when all these things come upon you, the blessing and the curse, which I have set before you, and  j you call them to mind among all the nations where the LORD your God has driven you, 2and  k return to the LORD your God, you and your children, and obey his voice in all that I command you today, with all your heart and with all your soul, 3then the LORD your God  l will restore your fortunes and have mercy on you, and he will  m gather you again from all the peoples where the LORD your God has scattered you. 4 n If your outcasts are in the uttermost parts of heaven, from there the LORD your God will gather you, and from there he will take you. 5And the LORD your God will bring you into the land that your fathers possessed, that you may possess it.  o And he will make you more prosperous and numerous than your fathers. 6And  p the LORD your God will circumcise your heart and the heart of your offspring,  q so that you will love the LORD your God with all your heart and with all your soul, that you may live. 7And the LORD your God will put all these curses on your foes and enemies who persecuted you. 8And you shall again obey the voice of the LORD and keep all his commandments that I command you today. 9 r The LORD your God will make you abundantly prosperous in all the work of your hand, in the fruit of your womb and in the fruit of your cattle and in the fruit of your ground.  s For the LORD will again take delight in prospering you, as he took delight in your fathers, 10when you obey the voice of the LORD your God, to keep his commandments and his statutes that are written in this Book of the Law, when you turn to the LORD your God with all your heart and with all your soul.
Anonymous (Holy Bible: English Standard Version (ESV))
When difficulties confront him he no longer blames them upon the inscrutable enmity of remote and ineffable powers; he blames them upon his own ignorance and incompetence. And when he sets out to remedy that ignorance and to remove that incompetence he does not look to any such powers for light and leading; he puts his whole trust in his own enterprise and ingenuity. Not infrequently he overestimates his capacities and comes to grief, but his failures, at worst, are much fewer than the failures of his fathers. Does pestilence, on occasion, still baffle his medicine? Then it is surely less often than the pestilences of old baffled sacrifice and prayer. Does war remain to shame him before the bees, and wasteful and witless government to make him blush when he contemplates the ants? Then war at its most furious is still less cruel than Hell, and the harshest statutes ever devised by man have more equity and benevolence in them than the irrational and appalling jurisprudence of the Christian God. Today every such man knows that the laws which prevail in the universe, whatever their origin in some remote and incomprehensible First Purpose, manifest themselves in complete impersonality, and that no representation to any superhuman Power, however imagined, can change their operation in the slightest. He knows that when they seem arbitrary and irrational it is not because omnipotent and inscrutable Presences are playing with them, as a child might play with building blocks; but because the human race is yet too ignorant to penetrate to their true workings. The whole history of progress, as the modern mind sees it, is a history of such penetrations. ... Each in its turn has narrowed the dominion and prerogative of the gods.
H.L. Mencken
Liberty is poorly served by men whose good intent is quelled from one failure or two failures or any number of failures, or from the casual indifference or ingratitude of the people, or from the sharp show of the tushes of power, or the bringing to bear soldiers and cannon or any penal statutes. Liberty relies upon itself, invites no one, promises nothing, sits in calmness and light, is positive and composed, and knows no discouragement. The battle rages with many a loud alarm and frequent advance and retreat…the enemy triumphs…the prison, the handcuffs, the iron necklace and anklet, the scaffold, garrote and leadballs do their work…the cause is asleep…the strong throats are choked with their own blood…the young men drop their eyelashes toward the ground when they pass each other…and is liberty gone out of that place? No never. When liberty goes it is not the first to go nor the second or third to go…it waits for all the rest to go…it is the last…When the memories of the old martyrs are faded utterly away…when the large names of patriots are laughed at in the public halls from the lips of the orators…when the boys are no more christened after the same but christened after tyrants and traitors instead…when the laws of the free are grudgingly permitted and laws for informers and bloodmoney are sweet to the taste of the people…when I and you walk abroad upon the earth stung with compassion at the sight of numberless brothers answering our equal friendship and calling no man master—and when we are elated with noble joy at the sight of slaves…when the soul retires in the cool communion of the night and surveys its experience and has much extasy over the word and deed that put back a helpless innocent person into the gripe of the gripers or into any cruel inferiority…when those in all parts of these states who could easier realize the true American character but do not yet—when the swarms of cringers, suckers, dough-faces, lice of politics, planners of sly involutions for their own preferment to city offices or state legislatures or the judiciary or congress or the presidency, obtain a response of love and natural deference from the people whether they get the offices or no…when it is better to be a bound booby and rogue in office at a high salary than the poorest free mechanic or farmer with his hat unmoved from his head and firm eyes and a candid and generous heart…and when servility by town or state or the federal government or any oppression on a large scale or small scale can be tried on without its own punishment following duly after in exact proportion against the smallest chance of escape…or rather when all life and all the souls of men and women are discharged from any part of the earth—then only shall the instinct of liberty be discharged from that part of the earth.
Walt Whitman (Leaves of Grass: The First (1855) Edition)
The president has willfully defrauded the American people in the enactment and implementation of Obamacare. In addition, he has unilaterally and unlawfully amended and “waived” the statute’s terms—guided by his knowledge that timely, lawful application of the deeply unpopular law would be devastating to his party’s electoral prospects and would have made him a one-term president.
Andrew McCarthy (Faithless Execution: Building the Political Case for Obama’s Impeachment)
the commons put forward an exceedingly detailed and comprehensive petition regarding the labour system. It resulted in the statute which made communities responsible for providing for poor people and itinerant labour-seekers, and so established the precedent which remained the basis for the poor law until the nineteenth century.
Ian Mortimer (Henry IV: The Righteous King)
Some specialized types of administrative legislation require further attention—for example, determinations that make law. These determinations echo the old determinations of facts, in which an executive officer determined a factual question that was a condition of a statute’s application. Rather than being exercises of mere discernment or judgment, however, the newer style determinations often include overt exercises of lawmaking will. Such determinations arise under statutes that leave plenty of room for lawmaking. For example, the administrator of the Environmental Protection Agency is required to specify the application of the EPA’s ambient air quality standards by publishing a list of air pollutants that “in his judgment, cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare.”9 Although statutes of this sort speak in terms of determinations and judgments, they provide for determinations of questions so abstract or loosely stated that the agencies inevitably must engage in policy choices—in legislative will rather than mere judgment. As put by Justice Thurgood Marshall in a 1970 dissent, “the factual issues with which the Secretary [of Labor] must deal are frequently not subject to any definitive resolution,” for “[c]ausal connections and theoretical extrapolations may be uncertain,” and “when the question involves determination of the acceptable level of risk, the ultimate decision must necessarily be based on considerations of policy, as well as empirically verifiable facts.” Thus, “[t]he decision to take action in conditions of uncertainty bears little resemblance to . . . empirically verifiable factual conclusions.”10 In such instances, factual determinations become exercises of lawmaking will.
Philip Hamburger (Is Administrative Law Unlawful?)