A Quote by Sheila Jackson Lee
Maybe I should offer a good thanks to the distinguished members of the majority, the Republicans, my chairman and others, for giving us an opportunity to have a deliberative constitutional discussion that reinforces the sanctity of this nation and how well it is that we have lasted some 400 years operating under a constitution that clearly defines what is constitutional and what is not.
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No Congress ever has seen fit to amend the Constitution to address any issue related to marriage. No Constitutional Amendment was needed to ban polygamy or bigamy, nor was a Constitutional Amendment needed to set a uniform age of majority to ban child marriages.
there ought always to be a constitutional method of giving efficacy to constitutional provisions. What for instance would avail restrictions on the authority of the state legislatures, without some constitutional mode of enforcing the observance of them? . . . This power must either be a direct negative on the state laws, or an authority in the federal courts, to over-rule such as might be in manifest contravention of the articles of union.
A constitutional tradition that works is one that is in a constant state of dynamic evolution. You have a written constitution that says 'x,' but no constitutional system works if it just follows what's in that written constitution and never changes. Interpretation gives it the freedom to change.
Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault.
People who want to come to this country don't have constitutional rights. Once they get here, they do. But coming here is not a constitutional right. So with do, as a nation, have the ability and should have the ability to decide who comes here and when they come here.
If by the mere force of numbers a majority should deprive a minority of any clearly written constitutional right, it might, in a moral point of view, justify revolution.
Communism is not a political party nor a political plan under the Constitution; it is a system of government that is the opposite of our Constitutional government, and it would be necessary to destroy our government before Communism could be set up in the United States....[Communism] even reaches its hand into the sanctity of the family circle itself, disrupting the normal relationship of parent and child, all in a manner unknown and unsanctioned under the Constitutional guarantees under which we in America live.
[James] Madison pointed out in the discussion of the constitutional debates - the constitutional convention - that democracy would be a danger. He used England of course as the model and said suppose that in England everyone had the free right to vote; the poor, the propertyless - who are the great majority - would use their voting power to take away the rights of property owners to carry out what we would call land reform.
The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges views of fairness, reasonableness, or justice. I have no fear of constitutional amendments properly adopted, but I do fear the rewriting of the Constitution by judges under the guise of interpretation.
[A] re-elected McConnell, with a Republican majority, would, he says, emulate his model of majority leadership - the 16 years under a Democrat, Montana'??s Mike Mansfield. He, like McConnell, had a low emotional metabolism but a subtle sense of the Senate's singular role in the nation's constitutional equilibrium.
I'd love to thwart the Census form, but I want a constitutional basis for doing it - and here's the tricky thing. I think even constitutional purists would tell you that just because something isn't in the Constitution does not mean the government cannot do it.
The Constitution says the President shall nominate, not maybe he could, maybe he can't, he shall nominate. Implicit in the Constitution is that the Senate will act on its constitutional responsibility and give its advice and consent. No one is required to vote for the nominee.
The Constitution of the United States has absolutely nothing to say about a constitutional right to same-sex marriage. Were the federal courts to recognize such a right, it would be completely without constitutional basis.
The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.... There should be, therefore, great resistance to ... redefining the category of rights deemed to be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority to govern the country without express constitutional authority.
If you take a position under the Constitution that is against the majority view, you have to explain it well enough that maybe you can persuade some of that majority to agree with you.
Clearly what differentiates the U.S. from other countries is the U.S. Constitution. The Constitution defines us as a people. Without the Constitution, we would be a different country. Therefore, to lose the Constitution is to lose the country.
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