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Robert H. Jackson

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We granted certiorari, and in this Court the parties changed positions as nimbly as if dancing a quadrille.
--
Orloff v. Willoughby, 345 U.S. 83, 87 (1953).

 
Robert H. Jackson

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In the United States, the political system is a very marginal affair. There are two parties, so-called, but they're really factions of the same party, the Business Party. Both represent some range of business interests. In fact, they can change their positions 180 degrees, and nobody even notices. In the 1984 election, for example, there was actually an issue, which often there isn't. The issue was Keynesian growth versus fiscal conservatism. The Republicans were the party of Keynesian growth: big spending, deficits, and so on. The Democrats were the party of fiscal conservatism: watch the money supply, worry about the deficits, et cetera. Now, I didn't see a single comment pointing out that the two parties had completely reversed their traditional positions. Traditionally, the Democrats are the party of Keynesian growth, and the Republicans the party of fiscal conservatism. So doesn't it strike you that something must have happened? Well, actually, it makes sense. Both parties are essentially the same party. The only question is how coalitions of investors have shifted around on tactical issues now and then. As they do, the parties shift to opposite positions, within a narrow spectrum.

 
Noam Chomsky
 

On executing minors: What a mockery today's opinion makes of Hamilton's expectation, announcing the Court's conclusion - that the meaning of our Constitution has changed over the past 15 years—not, mind you, not that this Court's decision 15 years ago was wrong, but that the Constitution has changed. The Court reaches this implausible result by purporting to advert, not to the original meaning of the Eighth Amendment, but to the evolving standards of decency, of our national society. It then finds, on the flimsiest of grounds, that a national consensus which could not be perceived in our people's laws barely 15 years ago now solidly exists.

 
Antonin Scalia
 

Major parties have lived more for patronage than for principles; their goal has been to bind together a sufficiently large coalition of diverse interests to get into power; and once in power, to arrange sufficiently satisfactory compromises of interests to remain there. Minor parties have been attached to some special idea or interest, and they have generally expressed their positions through firm and identifiable programs and principles. Their function has not been to win or govern, but to agitate, educate, generate new ideas, and supply the dynamic element in our political life. When a third party's demands become popular enough, they are appropriated by one or both of the major parties and the third party disappears. Third parties are like bees: once they have stung, they die.

 
Richard Hofstadter
 

The Court's justification for consulting its own notions rather than following the original meaning of the Constitution, as I would, apparently is based on the belief of the majority of the Court that for this Court to be bound by the original meaning of the Constitution is an intolerable and debilitating evil; that our Constitution should not be 'shackled to the political theory of a particular era,' and that to save the country from the original Constitution the Court must have constant power to renew it and keep it abreast of this Court's more enlightened theories of what is best for our society. It seems to me that this is an attack not only on the great value of our Constitution itself but also on the concept of a written constitution which is to survive through the years as originally written unless changed through the amendment process which the Framers wisely provided.

 
Hugo Black
 

Without some knowledge of Constitutional History it is absolutely impossible to do justice to the characters and positions of the actors in the great drama; absolutely impossible to understand the origin of parties, the development of principles, the growth of nations in spite of parties and in defiance of principles. It alone can teach why it is that in politics good men do not always think alike, that the worst cause has often been illustrated with the most heroic virtue, and that the world owes some of its greatest debts to men from whose very memory it recoils.

 
William Stubbs
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