A Quote by William H. Seward
There is a higher law than the Constitution.
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But there is a higher law than the Constitution, which regulates our authority over the domain, and devotes it to the same noble purposes.
The constitution regulates our stewardship; the constitution devotes the domain to union, to justice, to defense, to welfare, and to liberty. But there is a higher law than the constitution, which regulates our authority over the domain, and devotes it to the same noble purposes. The territory is a part, no inconsiderable part, of the common heritage of mankind, bestowed upon them by the Creator of the universe. We are his stewards, and must so discharge our trust as to secure in the highest attainable degree their happiness.
No higher duty, or more solemn responsibility, rests upon this Court than that of translating into living law and maintaining this constitutional shield deliberately planned and inscribed for the benefit of every human being subject to our Constitution - of whatever race, creed or persuasion.
I often wonder whether we do not rest our hopes too much upon constitutions, upon law and upon courts. These are false hopes, believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no courts to save it.
I don't think the Constitution is studied almost anywhere, including law schools. In law schools, what they study is what the court said about the Constitution. They study the opinions. They don't study the Constitution itself.
People must be confident that a judge's decisions are determined by the law and only the law. He must be faithful to the Constitution and statutes passed by Congress. Fidelity to the Constitution and the law has been the cornerstone of my life and the hallmark of the kind of judge I have tried to be.
There is a higher law than the law of government. That's the law of conscience.
[T]he guilty as well as the innocent are entitled to due process of law. They are entitled to a fair trial. They are entitled to counsel. They are entitled to fair treatment from the police. The law enforcement officer has the same duty as the citizen-indeed, he has a higher duty-to abide by the letter and spirit of our Constitution and laws. You yourselves must be careful to obey the letter of the law. You yourselves must be intellectually honest in the enforcement of the law.
In order for the Constitution to work, you have to have law-abiding people. You have to have people willing to obey the Constitution, willing to follow the law. Obama doesn't care. He is the law.
Going around this country, I have found a great hunger in America for spiritual revival; for a belief that law must be based on a higher law; for a return to traditions and values that we once had. Our government, in its most sacred documents - the Constitution and the Declaration of Independence and all - speak of man being created, of a Creator; that we're a nation under God.
Which is superior, the Constitution or Sharia law? In Sharia law by their teachings is superior to everything else, it replaces everything else, it replaces the Constitution itself. So, you can`t be assimilated into the American civilization and accept Sharia law as being superior to our Constitution. It`s antithetical to Americanism.
Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.
The law of self-preservation is higher than written law.
The allegiance of the citizen, in the only sense in which the word can be tolerated in a republic, is due to the law. What idea other men may have of a law higher than the supreme law, I know not. Like the notion of the Stoics concerning Fate, it is perfectly incomprehensible.
Much of the Constitution is remarkably simple and straightforward - certainly as compared to the convoluted reasoning of judges and law professors discussing what is called 'Constitutional law,' much of which has no basis in that document....The real question [for judicial nominees] is whether that nominee will follow the law or succumb to the lure of 'a living constitution,' 'evolving standards' and other lofty words meaning judicial power to reshape the law to suit their own personal preferences.
The Constitution overrides a statute, but a statute, if consistent with the Constitution, overrides the law of judges. In this sense, judge-made law is secondary and subordinate to the law that is made by legislators.
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