A Quote by Anthony Kennedy
The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity.
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If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: 'The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,' I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.
I typically don't use the distinction 'positive' and 'negative' liberty, because negative sounds bad and positive sounds good, and I don't think that the terminology ought to prejudice us one way or the other. So I think the more descriptive term is 'liberty rights' versus 'welfare rights'. So, liberty rights are freedom-of-action type rights, and welfare rights are rights-to-stuff, of various kinds...And, property rights are not rights-to-stuff. I think that's one of the key misunderstandings about property. Property rights are the rights to liberty within your jurisdiction.
The liberty I mean is social freedom. It is that state of things in which liberty is secured by the equality of restraint. A constitution of things in which the liberty of no one man, and no body of men, and no number of men, can find means to trespass on the liberty of any person, or any description of persons, in the society. This kind of liberty is, indeed, but another name for justice.
Liberty, in my opinion, is the only orthodoxy within the limits of which art may express itself and flourish freely-liberty that is the best of all things in the life of man, if it is all one with wisdom and virtue.
America was founded to be a beacon of liberty, particularly religious liberty. The framers of our Constitution sought to preserve religious liberty to such an extent that they made it the first right protected in the Bill of Rights.
Every sane man recognises that unlimited liberty is anarchy, or rather is nonentity. The civic idea of liberty is to give the citizen a province of liberty; a limitation within which a citizen is a king.
Anarchism is for liberty, and neither for nor against anything else. Anarchy is the mother of co-operation, yes, just as liberty is the mother of order; but, as a matter of definition, liberty is not order nor is Anarchism co-operation. I define Anarchism as the belief in the greatest amount of liberty compatible with equality of liberty; or, in other words, as the belief in every liberty except the liberty to invade.
Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual.
The distinguishing part of our constitution is its liberty. To preserve that liberty inviolate, is the peculiar duty and proper trust of a member of the house of commons. But the liberty, the only liberty I mean, is a liberty connected with order, and that not only exists with order and virtue, but cannot exist at all without them. It inheres in good and steady government, as in its substance and vital principle.
We hold these truths to be self-evident: that all men are
created equal; that they are endowed by their Creator with certain
inalienable rights; that among these are life, and the right to
make that of another miserable by thrusting upon him an
incalculable quantity of acquaintances; liberty, particularly the
liberty to introduce persons to one another without first
ascertaining if they are not already acquainted as enemies; and
the pursuit of another's happiness with a running pack of
strangers.
Democracy is liberty - a liberty which does not infringe on the liberty nor encroach on the rights of others; a liberty which maintains strict discipline, and makes law its guarantee and the basis of its exercise. This alone is true liberty; this alone can produce true democracy.
When a judge goes beyond [his proper function] and reads entirely new values into the Constitution, values the framers and ratifiers did not put there, he deprives the people of their liberty. That liberty, which the Constitution clearly envisions, is the liberty of the people to set their own social agenda through the process of democracy.
Town meetings are to liberty what primary schools are to science; they bring it within the people's reach.
Liberty is not just an idea, an abstract principle. It is power, effective power to do specific things. There is no such thing as liberty in general; liberty, so to speak, at large.
Liberty ... was a two-headed boon. There was first, the liberty of the people as a whole to determine the forms of their own government, to levy their own taxes, and to make their own laws.... There was second, the liberty of the individual man to live his own life, within the limits of decency and decorum, as he pleased -- freedom from the despotism of the majority.
Is the relinquishment of the trial by jury and the liberty of the press necessary for your liberty? Will the abandonment of your most sacred rights tend to the security of your liberty? Liberty, the greatest of all earlthy blessings - give us that precious jewel, and you may take every things else! . . . Guard with jealous attention the public liberty. Suspect every one who approaches that jewel.
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