Flattery is the food of pride, and may be well assimilated to those cordials which hurt the constitution while they exhilarate the spirits.
A constitutional republic dedicated before everything to the protection of liberty cannot legalize torture and remain a constitutional republic. It imports into itself a tumor of pure tyranny.
The check upon this free play of self-assertion, or natural liberty, which is the necessary condition for the origin of human society, is the product of organic necessities of a different land from those upon which the constitution of the hive depends. One of these is the mutual affection of parent and offspring, intensified by the long infancy of the human species. But the most important is the tendency, so strongly developed in man, to reproduce in himself actions and feelings similar to, or correlated with, those of other men. Man is the most consummate of all mimics in the animal world; none but himself can draw or model; none comes near him in the scope, variety, and exactness of vocal imitation; none is such a master of gesture; while he seems to be impelled thus to imitate for the pure pleasure of it. And there is no such another emotional chameleon. By a purely reflex operation of the mind, we take the hue of passion of those who are about us, or, it may be, the complementary colour. It is not by any conscious "putting one's self in the place" of a joyful or a suffering person that the state of mind we call sympathy usually arises; indeed, it is often contrary to one's sense of right, and in spite of one's will, that "fellow-feeling makes us wondrous kind," or the reverse. However complete may be the indifference to public opinion, in a cool, intellectual view, of the traditional sage, it has not yet been my fortune to meet with any actual sage who took its hostile manifestations with entire equanimity. Indeed, I doubt if the philosopher lives, or ever has lived, who could know himself to be heartily despised by a street boy without some irritation. And, though one cannot justify Haman for wishing to hang Mordecai on such a very high gibbet, yet, really, the consciousness of the Vizier of Ahasuerus, as he went in and out of the gate, that this obscure Jew had no respect for him, must have been very annoying.
Humanity is constitutionally lazy.
Suppose a nation, rich and poor, high and low, ten millions in number, all assembled together; not more than one or two millions will have lands, houses, or any personal property; if we take into the account the women and children, or even if we leave them out of the question, a great majority of every nation is wholly destitute of property, except a small quantity of clothes, and a few trifles of other movables. Would Mr. Nedham be responsible that, if all were to be decided by a vote of the majority, the eight or nine millions who have no property, would not think of usurping over the rights of the one or two millions who have? Property is surely a right of mankind as really as liberty. Perhaps, at first, prejudice, habit, shame or fear, principle or religion, would restrain the poor from attacking the rich, and the idle from usurping on the industrious; but the time would not be long before courage and enterprise would come, and pretexts be invented by degrees, to countenance the majority in dividing all the property among them, or at least, in sharing it equally with its present possessors. Debts would be abolished first; taxes laid heavy on the rich, and not at all on the others; and at last a downright equal division of every thing be demanded, and voted. What would be the consequence of this? The idle, the vicious, the intemperate, would rush into the utmost extravagance of debauchery, sell and spend all their share, and then demand a new division of those who purchased from them. The moment the idea is admitted into society, that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. If “Thou shalt not covet,” and “Thou shalt not steal,” were not commandments of Heaven, they must be made inviolable precepts in every society, before it can be civilized or made free. [ Defence of the Constitutions of Government of the United States , 1787; The Works of John Adams , edited by Charles Francis Adams. 10 vols. Boston: Little, Brown & Co., 1850-56.]
The Constitution, in all its provisions, looks to an indestructible Union composed of indestructible States.
Society cannot exist unless a controlling power upon will and appetite be placed somewhere; and the less of it there is within, the more there must be without. It is ordained in the eternal constitution of things that men of intemperate minds cannot be free. Their passions forge their fetters.--_Burke._
is of a nature so mild and benign and proportioned to the human constitution, as to warm without heating, to cheer but not inebriate.[312-4]
How transitory all human structures are, nay how oppressive the best institutions become in the course of a few generations. The plant blossoms, and fades: your fathers have died, and mouldered into dust: your temple is fallen: your tabernacle, the tables of your law, are no more: language itself, that bond of mankind, becomes antiquated: and shall a political constitution, shall a system of government or religion, that can be erected solely on these, endure for ever?
The freest government, if it could exist, would not be long acceptable, if the tendency of the laws were to create a rapid accumulation of property in a few hands, and to render the great mass of the population dependent and penniless. In such a case, the popular power must break in upon the rights of property, or else the influence of property must limit and control the exercise of popular power.…In the nature of things, those who have not property, and seeing their neighbours possess much more than they think them to need, cannot be favorable to laws made for the protection of property. When this class becomes numerous, it grows clamorous. It looks on property as its prey and plunder, and is naturally ready, at all times, for violence and revolution. It would seem, then, to be the part of political wisdom to found government on property; and to establish such distribution of property, by the laws which regulate its transmission and alienation, as to interest the great majority of society in the protection of the government. This is, I imagine, the true theory and the actual practice of our republican institutions. [Address to the Massachusetts Convention, 1820. Journal of Debates and Proceedings in the Convention of Delegates Chosen to Revise the Constitution of Massachusetts . Boston, 1853, pp. 304-317.]
Practically men have come to imagine that the laws of this universe, like the laws of constitutional countries, are decided by voting; that it is all a study of division-lists, and for the universe too depends a little on the activity of the whippers-in.
Kings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object. This our convention understood to be the most oppressive of all kingly oppressions, and they resolved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us.
The first essential responsibility [of the state] is control of the market-place: there must be some official charged with the duty of seeing that honest dealing and good order prevail. For one of the well-nigh essential activities of all states is the buying and selling of goods to meet their mutual basic needs; this is the quickest way to self-sufficiency, which seems to be what moves men to combine under a single constitution. The Politics , Book VI, Chapter viii, §1321b4.
(Professor of law emeritus at Loyola Law School in Los Angeles). Consider the Constitution. What we have here is a grim reminder that the liberties protected by the Bill of Rights are not neatly divisible into “property rights” and “personal liberties.” Even where the invasion is “only” of one’s property rights, it often implicates violation of other rights as well, even the right to life itself. Here is an object lesson that where one category of fundamental constitutional rights is not secure from governmental overreaching, neither are the others. All of which brings to mind the insight of the late U.S. Supreme Court Justice Potter Stewart, who observed in 1972 that “the dichotomy between personal liberties and property rights is a false one. Property does not have rights. People have rights. In fact, a fundamental interdependence exists between the personal right to liberty and the personal right in property. Neither could have meaning without the other.” And if that is not enough, reflect on the fact that there are no societies in the world where a high degree of personal and political liberty does not correlate strongly with economic liberty. There may well be a moral in that too. [“Rule of Law,” The Wall Street Journal, August 25, 1993, p. A9.]
As long as I am mayor of this city the great industries are secure. We hear about constitutional rights, free speech and the free press. Every time I hear these words I say to myself, 'That man is a Red, that man is a Communist.' You never hear a real American talk like that.
When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men, yes black men as well as white men, would be guaranteed the inalienable rights of life, liberty, and the pursuit of happiness. It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked “insufficient funds.” But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. [“I Have A Dream” Speech, 1963.]
I would have these good people to recollect, that the laws of this country hold out to foreigners an offer of all that liberty of the press which Americans enjoy, and that, if this liberty be abridged, by whatever means it may be done, the laws and the constitution, and all together, is a mere cheat; a snare to catch the credulous and enthusiastic of every other nation; a downright imposition on the world.
Jefferson, though the secret vote was still unknown at the time had at least a foreboding of how dangerous it might be to allow the people to share a public power without providing them at the same time with more public space than the ballot box and with more opportunity to make their voices heard in public than on election day. What he perceived to be the mortal danger to the republic was that the Constitution had given all power to the citizens, without giving them the opportunity of being citizens and of acting as citizens. [ On Revolution .]
Those men who destroy a healthful constitution of body by intemperance as manifestly kill themselves as those who hang, or poison, or drown themselves.--_Sherlock._
Love is an exotic of the most delicate constitution.
Every effort therefore must be made to perpetuate prosperity. And, since that is to the advantage of the rich as well as the poor, all that accrues from the revenues should be collected into a single fund and distributed in block grants to those in need, if possible in lump sums large enough for the acquisition of a small piece of land, but if not, enough to start a business, or work in agriculture. And if that cannot be done for all, the distribution might be by tribes or some other division each in turn. The rich meanwhile will contribute funds sufficient to provide pay for the necessary meetings, being themselves relieved of all frivolous public services. It has been by running their constitution on some such lines that the Carthaginians have secured the goodwill of their people. From time to time they send some of them to live in the outlying districts and turn them into men of substance. When the notables are wise and considerate, they also split up the poor into groups and make it their business to provide them with a start in some occupation. [ The Politics , Book VI, Chapter v, §1320a35.]
The world of the seventies is an entirely new world from that of the thirties. Many revolutions have changed the political, social and economic conditions of peoples, changing many concepts out of recognition and making our world a fast-changing world. The more pertinent revolutions to our studies on Constitutional reforms are: 1) the scientific revolution…, 2) the revolution of equality of men and nations…, 3) the revolution of rising expectations, and 4) the fiscal, monetary and organizational revolution of Marx and Keynes which should evolve in the triumph of a more relevant revolution, that advocated by Kelso which envisions a political economy based on popular suffrage, popular education, and popular capitalism. [ Bayanikasan: The Effective Democracy for All, 1976.]
[T]hat the inhabitants of the English colonies in North America, by the immutable laws of nature, the principles of the English constitution, and the several charters or compacts, have the following RIGHTS: Resolved… That they are entitled to life, liberty and property: and they have never ceded to any foreign power whatever, a right to dispose of either without their consent. [ Declaration and Resolves of the First Continental Congress , October 14, 1774.]
Resistance ought never to be thought of but when an utter subversion of the laws of the realm threatens the whole frame of our constitution, and no redress can otherwise be hoped for. It therefore does, and ought for ever, to stand in the eye and letter of the law as the highest offence.
There is a higher law than the Constitution.
The role of the Supreme Court is to uphold those claims of individual liberty that it finds are well-founded in the Constitution, and to reject other claims against the government that it concludes are not well-founded. Its role is no more to exclusively uphold the claims of the individual than it is to exclusively uphold the claims of the government: It must hold the constitutional balance true between these claims.
Outside Independence Hall when the Constitutional Convention of 1787 ended, Mrs. Powel of Philadelphia asked Benjamin Franklin, “Well, Doctor, what have we got, a republic or a monarchy?” With no hesitation whatsoever, Franklin responded, “A republic, if you can keep it.”
Courage that grows from constitution often forsakes the man when he has occasion for it; courage which arises from a sense of duty acts in a uniform manner.--_Addison._
For there is no virtue, the honour and credit for which procures a man more odium [from the elite] than that of justice; and this, because more than any other, it acquires a man power and authority among the common people. For they only honour the valiant and admire the wise, while in addition they also love just men, and put entire trust and confidence in them. They fear the bold man, and mistrust the clever man, and moreover think them rather beholding to their natural complexion, than to any goodness of their will, for these excellences; they look upon valour as a certain natural strength of the mind, and wisdom as a constitutional acuteness; whereas a man has it in his power to be just, if he have but the will to be so, and there injustice is thought the most dishonourable, because it is least excusable. [“Cato the Younger,” The Lives of the Noble Grecians and Romans , Translated by John Dryden and revised by Arthur Hugh Clough. (New York: Random House, Modern Library edition, p. 943).]
~Bores.~--I am constitutionally susceptible of noises. A carpenter's hammer, in a warm summer's noon, will fret me into more than midsummer madness. But those unconnected, unset sounds are nothing to the measured malice of music.--_Lamb._
Man is more than constitutions.
To an American, that which deprives him of his freedom he regards as injustice, and that which allows him to enjoy that freedom he regards as justice. The concept of justice is as central to the totality of his being as freedom is, and this is not surprising, since the motivating idea behind the American Declaration of Independence was the fervent desire for justice. [Excerpt from The Secret of American Success: Africa’s Great Hope, Ch. 28, “Freedom at the Helm,” pp. 215-217.] If one examines [the American] idea of freedom, the individual, free enterprise, their Constitution, their political and economic structures as well as their mode of exploiting their natural resources, all these are shrouded in the idea of justice.” Ibid. A shocked sense of justice has to be removed and justice restored…. Ibid. In the USA, where so many people compete for one and the same thing, where job opportunities, residential facilities, and food resources have to be spread over so many people, the question of justice becomes more imperative than ever before if communal and individual life is to be made possible and enjoyable. Ibid. [F]or the majority of Americans, collectivist or nationalized economy is morally wrong and therefore unjust. For them, free enterprise meets their keen sense of justice…. Ibid. The U.S.A. economic policy and practice have been largely influenced by this thought that people shall own property in their own right and in order to be strong enough to control their own government. Ibid. It appears it would be quite un-American not to be suspicious of the government or to distrust it. History has taught them a little too much about the tragic frailties of human governments, but it has also driven home to them that they must control firmly political and economic power, which, handed over to any government in their land, could be easily used to oppress them. Ibid. The real struggle between an American government and the people was one of power, which was settled when they designed their Constitution, which conceded the sovereignty of the people when it came to politics, and the sovereignty of the consumer when it came to economics. Ibid.
And what has come to prevail in democracies is the very reverse of beneficial, in those, that is, which are regarded as the most democratically run. The reason for this lies in the failure properly to define liberty. For there are two marks by which democracy is thought to be defined: “sovereignty of the majority” and “liberty.” “Just” is equated with what is equal, and the decision of the majority as to what is equal is regarded as sovereign; and liberty is seen in terms of doing what one wants. So in such a democracy each lives as he likes and for his “fancy of the moment,” as Euripides says. This is bad. It ought not to be regarded as slavery to live according to the constitution, but rather as self-preservation. [ The Politics , Book V, Chapter ix, §1310a22.]
The liberties of our Country, the freedom of our civil constitution are worth defending at all hazards: And it is our duty to defend them against all attacks. We have receiv'd them as a fair Inheritance from our worthy Ancestors: They purchas'd them for us with toil and danger and expence of treasure and blood; and transmitted them to us with care and diligence. It will bring an everlasting mark of infamy on the present generation, enlightened as it is, if we should suffer them to be wrested from us by violence without a struggle; or be cheated out of them by the artifices of false and designing men. Of the latter we are in most danger at present: Let us therefore be aware of it. Let us contemplate our forefathers and posterity; and resolve to maintain the rights bequeath'd to us from the former, for the sake of the latter. — Instead of sitting down satisfied with the efforts we have already made, which is the wish of our enemies, the necessity of the times, more than ever, calls for our utmost circumspection, deliberation, fortitude, and perseverance
A physician, after he had felt the pulse of Pausanias, and considered his constitution, saying, "He ails nothing," "It is because, sir," he replied, "I use none of your physic."
I will, in the name of humanity which is outraged, in the name of liberty which is fettered, in the name of the constitution and the Bible, which are disregarded and trampled upon, dare to call in question and to denounce, with all the emphasis I can command, everything that serves to perpetuate slavery — the great sin and shame of America! "I will not equivocate; I will not excuse;" I will use the severest language I can command; and yet not one word shall escape me that any man, whose judgement is not blinded by prejudice, or who is not at heart a slaveholder, shall not confess to be right and just.
There are three great products of our time.... One of these is that doctrine concerning the constitution of matter which, for want of a better name, I will call "molecular"; the second is the doctrine of the conservation of energy; the third is the doctrine of evolution.
~Diet.~--Regimen is better than physic. Every one should be his own physician. We ought to assist, and not to force nature: but more especially we should learn to suffer, grow old, and die. Some things are salutary, and others hurtful. Eat with moderation what you know by experience agrees with your constitution. Nothing is good for the body but what we can digest. What medicine can procure digestion? Exercise. What will recruit strength? Sleep. What will alleviate incurable evils? Patience.--_Voltaire._
Its constitution the glittering and sounding generalities of natural right which make up the Declaration of Independence.
It is in the politic as in the human constitution; if the limbs grow too large for the body, their size, instead of improving, will diminish, the vigour of the whole.
One of the greatest disasters that happened to modern civilization was for democracy to inscribe “liberty” on its banners instead of “justice.” Because “liberty” was considered the ideal it was not long until some men interpreted it as meaning “freedom from justice”; then when religion and decent government attempted to bring them back to justice, organized into “freedom groups” they protested that their constitutional and natural rights were being violated. The industrial and social injustice of our era is the tragic aftermath of democracy’s overemphasis on freedom as the “right to do whatever you please.” No, freedom means the right to do what you ought , and ought implies law, and law implies justice, and justice implies God. So too in war, a nation that fights for freedom divorced from justice has no right to war, because it does not know why it wants to be free, or why it wants anyone else to be free. [Catholic Hour broadcast, January 5, 1941.]
The Prince himself has no distinction, either of garments, or of a crown; but is only distinguished by a sheaf of corn carried before him; as the high priest is also known by his being preceded by a person carrying a wax light. They have but few laws, and such is their constitution that they need not many. They very much condemn other nations whose laws, together with the commentaries on them, swell up to so many volumes; for they think it an unreasonable thing to oblige men to obey a body of laws that are both of such a bulk, and so dark as not to be read and understood by every one of the subjects.
The mind of man is no inert receptacle of knowledge, but absorbs and incorporates into its own constitution the ideas which it receives.
Property is surely a right of mankind as real as liberty. Perhaps, at first, prejudice, habit, shame or fear, principle or religion, would restrain the poor from attacking the rich, and the idle from usurping on the industrious; but the time would not be long before courage and enterprise would come, and pretexts be invented by degrees, to countenance the majority in dividing all the property among them, or at least, in sharing it equally with its present possessors. Debts would be abolished first; taxes laid heavy on the rich, and not at all on others; and at last a downright equal division of every thing be demanded, and voted. What would be the consequence of this? The idle, the vicious, the intemperate, would rush into the utmost extravagance of debauchery, sell and spend all their share, and then demand a new division of those who purchased from them. The moment the idea is admitted into society, that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence .… [ The Works of John Adams , “A Defense of the Constitutions of Government in the United States of America,” by Charles Francis Adams, Vol. IX, Freeport, NY: Books for Libraries Press, pp. 376-377.]