A Quote by H. L. Mencken
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.
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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.
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.
Well-established Supreme Court precedents indicate that states - like the states of Washington and Minnesota - have no equal-protection rights of their own, nor can they vindicate equal-protection rights of their citizens. The same is true about being able to challenge alleged religious discrimination. This limitation on the states' authority to champion such claims is fundamental to our separation-of-powers architecture.
To expect to increase prices and then to maintain them at a higher level by means of a plan which must of necessity increase production while decreasing consumption is to fly in the face of an economic law as well established as any law of nature.
Under the Constitution, federal law trumps both state and city law. But antitrust law allows states some exceptional leeway to adopt anticompetitive business regulations, out of respect for states' rights to regulate business. This federal respect for states' rights does not extend to cities.
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.
I can conceive few human states more enviable than that of the man to whom, panting in the foul laboratory, or watching for his life under the tropic forest, Isis shall for a moment lift her sacred veil, and show him, once and for ever, the thing he dreamed not of; some law, or even mere hint of a law, explaining one fact; but explaining with it a thousand more, connecting them all with each other and with the mighty whole, till order and meaning shoots through some old Chaos of scattered observations.
Though we have clear and full scriptures in the New Testament for abolishing the Ceremonial law, yet we nowhere read in all the new Testament of the abolishing of the Judicial law, so far as it did concern the punishing of sins against the Moral law, of which Heresy and seducing of souls is one, and a great one. Once God did reveal his will for punishing those sins by such and such punishments. He who will hold that the Christian Magistrate is not bound to inflict such punishments for such sins, is bound to prove that those former laws of God are abolished, and to shew some scripture for it.
Law grows, and though the principles of law remain unchanged, yet (and it is one of the advantages of the common law) their application is to be changed with the changing circumstances of the times. Some persons may call this retrogression, I call it progression of human opinion.
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.
What I have advocated is that we pass law in this country that says all human life at every stage of its development is worthy of protection. In fact, I think that law already exists. It is called the Constitution of the United States.
Everyone knows that due process means judicial process, and when John Brennan brings him a list of people to be killed this particular week, that's not due process. That's certainly not judicial process. So there's the fifth amendment. Not even George Bush claimed the right to kill American citizens without due process.
I hear Democrats say, 'The Affordable Care Act is the law,' as though we're supposed to genuflect at that sunburst of insight and move on. Well, the Fugitive Slave Act was the law, separate but equal was the law, lots of things are the law and then we change them.
You may be surprised to learn that, in our law, although the fetus is currently without the right to life, it does have some rights. For instance, under civil law, the unborn child has the right to inherit part of his father's estate should his father die before he is born, and he has the right to sue his Mother, or a doctor, for injuiries sustained while in the womb.
Consider any individual at any period of his life, and you will always find him preoccupied with fresh plans to increase his comfort. Do not talk to him about the interests and rights of the human race; that little private business of his for the moment absorbs all his thoughts, and he hopes that public disturbances can be put off to some other time.
Some years ago a top Ford official was showing the late Walter Reuther through the very automates plant in Cleveland, Ohio and he said to him jokingly, "Walter, you'll have a hard time collecting union dues from these machines." and Walter said, "you are going to have more trouble trying to sell automobiles to them." Both of them let it stop there. There was a logical answer to that ... the owners of the machines could buy automobiles and if you increase the number of owners you increase the number of consumers.
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