A Quote by Jonathan Mayhew
To say that subjects in general are not proper judges (of the law) when their governors oppress them and play the tyrant, and when they defend their rights ...is as great a treason as ever a man uttered.
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Once the law is broken with impunity, each man regains the right to any means he deems proper or necessary in order to defend himself against the new tyrant, the one who can break the law.
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.
If once the people become inattentive to the public affairs, you and I, and Congress and Assemblies, Judges and Governors, shall all become wolves. It seems to be the law of our general nature, in spite of individual exceptions.
Cuvier had even in his address & manner the character of a superior Man, much general power & eloquence in conversation & great variety of information on scientific as well as popular subjects. I should say of him that he is the most distinguished man of talents I have ever known on the continent: but I doubt if He be entitled to the appellation of a Man of Genius.
The King has degenerated into a tyrant and forfeits all rights to his subjects' obedience.
When sometimes, behind his back, they called him a tyrant, he merely smiled and uttered this profound observation: If some day I turn liberal, they will say I have let them down.
The mission of the law is not to oppress persons and plunder them of their property, even though the law may be acting in a philanthropic spirit. Its purpose is to protect persons and property.... If you exceed this proper limit -- if you attempt to make the law religious, fraternal, equalizing, philanthropic, industrial, or artistic -- you will then be lost in uncharted territory, in vagueness and uncertainty, in a forced utopia or, even worse, in a multitude of utopias, each striving to seize the law and impose it on you.
It happens every once in awhile at the federal level when the solicitor general, on behalf of the U.S., will confess error or decline to defend a law. I don't know what is going through the [Obama] administration's thought process on 'don't ask, don't tell.' It would be appropriate for them to say 'the law has been deemed unconstitutional, we are not going to seek further review of that.'
In our system of government, the judicial and legislative branches have different roles. Judges are not politicians. Judges must decide cases, not champion causes. Judges must settle legal disputes, not pursue agendas. Judges must interpret and apply the law, not make the law.
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.
But the most dangerous Hypocrite in a Common-Wealth, is one who leaves the Gospel for the sake of the Law: A Man compounded of Law and Gospel, is able to cheat a whole Country with his Religion, and then destroy them under Colour of Law: And here the Clergy are in great Danger of being deceiv'd, and the People of being deceiv'd by the Clergy, until the Monster arrives to such Power and Wealth, that he is out of the reach of both, and can oppress the People without their own blind Assistance.
Familiarize yourselves with the chains of bondage and you prepare your own limbs to wear them. Accustomed to trample on the rights of others, you have lost the genius of your own independence and become the fit subjects of the first cunning tyrant who rises among you.
I am not necessarily my clients. I will seek to defend them, to vindicate their rights but that doesn't mean that I necessarily think that what they did was proper.
Every British Subject born on the continent of America, or in any other of the British dominions, is by the law of God and nature, by the common law, and by act of parliament, (exclusive of all charters from the crown) entitled to all the natural, essential, inherent and inseparable rights of our fellow subjects in Great- Britain.
Law is good, proper, and essential in its place, but law can save no man, nor can law remake man and society.
My father, John Steinbeck, was a man who held human history in great reverence, and in particular the biographies of those people who had risked their lives, their fortunes, and their worldly honor to defend the rights and prerogatives of those who were powerless to defend themselves.
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