A Quote by Samuel Freeman Miller
No branch of the law is of more importance to the counsellor, the statesman, or the citizen, than a thorough acquaintance with the Constitution and laws of the Federal Government, as they are administered and as they affect the rights of the people.
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Revealingly, the central function of the Constitution as law--the supreme law--was to impose limitations not on the behavior of ordinary citizens but on the federal government. The government, and those who ran it, were not placed outside the law, but expressly targeted by it. Indeed, the Bill of Rights is little more than a description of the lines that the most powerful political officials are barred from crossing, even if they have the power to do so and even when the majority of citizens might wish them to do so.
[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.
We, the People of this country, have no unalienable rights... all our rights are subject to modification... the Constitution of the United States of America is nothing more than a piece of paper and... our government should not be restrained by the Constitution because our government can do good things for people.
People assume that the executive branch has more power than it actually has. Only the legislative branch can create the laws; the executive branch cannot create the laws. So, if the executive branch tries to create a branch one side or the other... you go back to the founders of the nation. They set up a system that ensures that it doesn't happen.
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.
I support ensuring that committed gay couples have the same rights and responsibilities afforded to any married couple in this country. I believe strongly in stopping laws designed to take rights away and passing laws that extend equal rights to gay couples. I've required all agencies in the federal government to extend as many federal benefits as possible to LGBT families as the current law allows. And I've called on Congress to repeal the so-called Defense of Marriage Act and to pass the Domestic Partners Benefits and Obligations Act.
So what's the difference between republican and democratic forms of government? John Adams captured the essence of the difference when he said, 'You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe.' Nothing in our Constitution suggests that government is a grantor of rights. Instead, government is a protector of rights.
A corollary is that, when laws are out of touch with the people, those laws can and should be changed - from the most simple local regulations to the highest law of the land, our federal Constitution.
The Chinese government attaches importance to, and protects, human rights. We have incorporated these lines into the Chinese constitution, and we also implement the stipulation in real earnest. I think for any government, what is most important is to ensure that its people enjoy each and every right given to them by the constitution.
If Aristotle, Livy, and Harrington knew what a republic was, the British constitution is much more like a republic than an empire. They define a republic to be a government of laws, and not of men. If this definition is just, the British constitution is nothing more or less than a republic, in which the king is first magistrate. This office being hereditary, and being possessed of such ample and splendid prerogatives, is no objection to the government's being a republic, as long as it is bound by fixed laws, which the people have a voice in making, and a right to defend.
In these sentiments, sir, I agree to this Constitution, with all its faults, if they are such; because I think a General Government necessary for us, and there is no form of government, but what may be a blessing to the people if well administered; and believe further, that this is likely to be well administered for a course of years, and can only end in despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic government, being incapable of any other.
The Constitution is not a law, but it empowers the people to make laws... The Constitution tells us what shall not be a lawful tender... The legislature has ceded up to us the privilege of enacting such laws as are not inconsistent with the Constitution of the United States... The different states, and even Congress itself, have passed many laws diametrically contrary to the Constitution of the United States.
The success of those doctrines would also subvert the Federal Constitution, change the character of the Federal Government, and destroy our rights in respect to slavery.
The tenth amendment said the federal government is supposed to only have powers that were explicitly given in the Constitution. I think the federal government's gone way beyond that. The Constitution never said that you could have a Federal Reserve that would have $2.8 trillion in assets. We've gotten out of control.
It [the Constitution] didn't break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as it's been interpreted, and the Warren court interpreted it in the same way that generally the Constitution is a charter of negative liberties. It says what the states can't do to you, it says what the federal government can't do to you, but it doesn't say what the federal government or the state government must do on your behalf. And that hasn't shifted.
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.
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