A Quote by David Souter
The Constitution has a good share of deliberately open-ended guarantees, like rights to due process of law, equal protection of the law, and freedom from unreasonable searches.
Related Quotes
In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
While American intellectual property deserves protection, that protection must be won and defended in a manner that does not stifle innovation, erode due process under the law, and weaken the protection of political and civil rights on the Internet.
Every lynching deprives its victim of his life without due process of law, and denies him an equal protection of the law. The States are charged with punishing all such invasions as the common rights of the citizens, but some of them have failed in their effort to do so, and others have not honestly tried. Meanwhile, lynchings continue, and though they do not increase in number, they show some tendency to increase in savagery.
I do accept that, with - with respect to those vague terms in the Constitution such as equal protection of the laws, due process of law, cruel and unusual punishments. I fully accept that those things have to apply to new phenomena that didn't exist at the time.
Lately the First Amendment has been interpreted to deny equal protection of the law to those who believe in God. The Constitution established freedom for religion, not freedom from religion!
The law is equal before all of us; but we are not all equal before the law. Virtually there is one law for the rich and another for the poor, one law for the cunning and another for the simple, one law for the forceful and another for the feeble, one law for the ignorant and another for the learned, one law for the brave and another for the timid, and within family limits one law for the parent and no law at all for the child.
Those who want their rights respected under the Constitution and the law ought to set the example themselves of observing the Constitution and the law. While there may be those of high intelligence who violate the law at times, the barbarian and the defective always violate it. Those who disregard the rules of society are not exhibiting a superior intelligence, are not promoting freedom and independence, are not following the path of civilization, but are displaying the traits of ignorance, of servitude, of savagery, and treading the way that leads back to the jungle.
Our constitution should be inspired by the philosophy of the Koran with principles that are set in stone and not open to the whims of individual judges, as is the case now. In particular, the constitution should protect every citizen's basic human rights regardless of their sex, status or sect. Everyone should be equal before the law.
[T]he guilty as well as the innocent are entitled to due process of law. They are entitled to a fair trial. They are entitled to counsel. They are entitled to fair treatment from the police. The law enforcement officer has the same duty as the citizen-indeed, he has a higher duty-to abide by the letter and spirit of our Constitution and laws. You yourselves must be careful to obey the letter of the law. You yourselves must be intellectually honest in the enforcement of the law.
Some have argued that the President is required to get permission from a federal court before taking action against a United States citizen who is a senior operational leader of al Qaeda or associated forces. This is simply not accurate. 'Due process' and 'judicial process' are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.
What is so powerful here is that we have the first federal appellate court and it's a case coming out of Utah affirming in the strongest, clearest, boldest terms that the Constitution guarantees the freedom to marry and equal protection for all Americans and all means all, including gay couples.
Any new legal measures, or cooperative arrangements between government and companies meant to keep people from organizing violence or criminal actions, must not be carried out in ways that erode due process, rule of law and the protection of innocent citizens' political and civil rights.
Can you tell me what's more unconstitutional than taking away from the people of America their Fifth Amendment rights, their Fourteenth Amendment rights, and the right to equal protection under the law?
Two Soviets . . . were talking to each other. And one of them asked, "What's the difference between the Soviet Constitution and the United States Constitution?" And the other one said, "That's easy. The Soviet Constitution guarantees freedom of speech and freedom of gathering. The American Constitution guarantees freedom after speech and freedom after gathering."
The Constitution guarantees due process, not judicial process.
As Americans, we can take enormous pride in the fact that courage has been inspired by our own struggle for freedom, by the tradition of democratic law secured by our forefathers and enshrined in our Constitution. It is a tradition that says all men are created equal under the law and that no one is above it.
Related Authors
Antonin Scalia Quotes
American
Judge
Brett Kavanaugh Quotes
American
Judge
Clarence Thomas Quotes
American
Judge
Earl Warren Quotes
American
Judge
Felix Frankfurter Quotes
American
Judge
Hugo Black Quotes
American
Judge
Learned Hand Quotes
American
Judge
Louis D. Brandeis Quotes
American
Judge
Oliver Wendell Holmes, Jr. Quotes
American
Judge
Robert Rinder Quotes
English
Judge
Ruth Bader Ginsburg Quotes
American
Judge
Samuel Alito Quotes
American
Judge
Sandra Day O'Connor Quotes
American
Judge
Sonia Sotomayor Quotes
American
Judge
Thurgood Marshall Quotes
American
Judge
William O. Douglas Quotes
American
Judge