A Quote by John Marshall
When a law is in its nature a contract, when absolute rights have vested under that contract, a repeal of the law cannot divest those rights. The people can act only by their agents and, within the powers conferred upon them, their acts must be considered as the acts of the people.
Related Quotes
When a law is in its nature a contract, when absolute rights have vested under that contract, a repeal of the law cannot divest those rights.
[Before the Civil Rights Act of 1964], many governments in southern states forced people to segregate by race. Civil rights advocates fought to repeal these state laws, but failed. So they appealed to the federal government, which responded with the Civil Rights Act of 1964. But this federal law didn't simply repeal state laws compelling segregation. It also prohibited voluntary segregation. What had been mandatory became forbidden. Neither before nor after the Civil Rights Act were people free to make their own decisions about who they associated with.
The error seems not sufficiently eradicated, that the operations of the mind, as well as the acts of the body, are subject to the coercion of the laws. But our rulers can have authority over such natural rights only as we have submitted to them. The rights of conscience we never submitted, we could not submit. We are answerable for them to our God. The legitimate powers of government extend to such acts only as are injurious to others.
Opposition can be useful. Every opposition movement is good and useful if it acts within the law... If there are people who act outside the law, then the state must use legal means to impose law in the interests of the majority. That's the way it's done in the U.S. and that's the way it's done in Russia.
My basic approach is to recognize that mainstream legal theories of contract have been muddied by unlibertarian and positivistic conceptions of law and rights. Questions about what rights are "alienable" or not, loose talk about how promises should be "binding," etc., highlight the need for clarity in this area. In my view, to sort these issues out one needs a very clear and consistent understanding of the nature of property rights and ownership.
The very idea of law originates in men's natural rights. There is no other standard, than natural rights, by which civil law can be measured. Law has always been the name of that rule or principle of justice, which protects those rights. Thus we speak of natural law.
The courts are run on COMMERCIAL CONTRACT LAW and that is has NOTHING to do with any IN-LAW procedures whatsoever. So the nature of the game is to OBTAIN a CONTRACT with your OPPONENT (Adversary) so that the court can acknowledge and RATIFY the contract and SETTLE and CLOSE the case and move on and if you understand that EVERYTHING in there is happening by way of CONTRACTS instead of trying to get the truth out then MAYBE you'll get the truth to prevail by following the CORRECT procedure to get them to acknowledge the truth by CONTRACTUAL CONSENT.
Thus these three amendments to the Constitution [13th, 14th, 15th] were ratified while the ten Southern states were under martial law, and "had no law at all." The Force Acts, the four Reconstruction Acts, and the Civil Rights Act were all passed by Congress while the Southern states were not allowed to hold free elections, and all voters were under close supervision by federal troops. Even Soviet Russia has never staged such mockeries of the election procedures.
The rights [to religious freedom] are of the natural rights of mankind, and ... if any act shall be ... passed to repeal [an act granting those rights] or to narrow its operation, such act will be an infringement of natural right.
I am charged with violating pledges which I never gave; and because I execute what I believe to be the law, with usurping powers not conferred by law; and above all, with using the powers conferred upon the President by the Constitution, from corrupt motives and for unwarrantable ends.
There are those who argue that the concept of human rights is not applicable to all cultures. We in the National League for Democracy believe that human rights are of universal relevance. But even those who do not believe in human rights must certainly agree that the rule of law is most important. Without the rule of law there can be no peace.
US law and international human rights law have radically diverged in the past years in terms of the recognition of indigenous people's rights. International human rights law now looks at not whether or not the tribes have formal ownership or legal title in a Western legal conception might have it, but rather they look at the tribe's historical connection to that land.
If two individuals enter into a contract to commit trespass, theft, robbery or murder upon a third, the contract is unlawful and void, simply because it is a contract to violate natural justice, or men's natural rights.
President Ronald Reagan used to speak of the Soviet constitution, and he noted that it purported to grant wonderful rights of all sorts to people. But those rights were empty promises, because that system did not have an independent judiciary to uphold the rule of law and enforce those rights.
A corporation has no rights except those given it by law. It can exercise no power except that conferred upon it by the people through legislation, and the people should be as free to withhold as to give, public interest and not private advantage being the end in view.
Liberty does not exist where rights are on one side and power on the other. To be liberty, rights must be armed with vital powers. A people cannot be free who do not participate in the control of the government which operates upon them.
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