In a very real sense, the Constitution is our compact with history . . . [but] the Constitution can maintain that compact and serve as the lodestar of our political system only if its terms are binding on us. To the extent we depart from the document's language and rely instead on generalities that we see written between the lines, we rob the Constitution of its binding force and give free reign to the fashions and passions of the day.
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A. Kozinski & J.D. Williams, It Is a Constitution We Are Expounding: A Debate, 1989 Utah L. Rev. 978, at 980.Alex Kozinski
» Alex Kozinski - all quotes »
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
"It is a constitution that forgets the fact that most of the country's inhabitants are Muslims, or that is written by irreligious or un-Islamic hands. It is an unacceptable constitution that forgets that the Shias are the majority in this country, or that is written by the hands of their enemies. A constitution that strips from Iraq its oriental character, religious faith, ethics and history is a mischievous constitution that is not worth the paper it is written on."
Muqtada al-Sadr
"It is a constitution that forgets the fact that most of the country's inhabitants are Muslims, or that is written by irreligious or un-Islamic hands. It is an unacceptable constitution that forgets that the Shias are the majority in this country, or that is written by the hands of their enemies. A constitution that strips from Iraq its oriental character, religious faith, ethics and history is a mischievous constitution that is not worth the paper it is written on."
Muqtada Sadr
[T]he constitution controls any legislative act repugnant to it. . . . It is emphatically the province and duty of the judicial department to say what the law is. . . . So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution disregarding the law; the court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty. . . . Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions . . . It would be giving the legislature a practical and real omnipotence . . . The judicial power of the United States is extended to all cases arising under the constitution.
John Marshall
"[My] approach recognizes the basic principle of a written Constitution. We "the people" adopted a written Constitution precisely because it has a fixed meaning, a meaning that does not change. Otherwise we would have adopted the British approach of an unwritten, evolving constitution. Aside from amendment according to Article V, the Constitution’s meaning cannot be updated, or changed, or altered by the Supreme Court, the Congress, or the President. Of course, even when strictly interpreted as I believe it should be, the Constitution remains a modern, "breathing" document as some like to call it, in the sense that the Court is constantly required to interpret how its provisions apply to the Constitutional questions of modern life. Nevertheless, strict interpretation must never surrender to the understandably attractive impulse towards creative but unwarranted alterations of first principles." — Speech to the American Enterprise Institute for Public Policy Research, February 2, 2001
Clarence Thomas
Kozinski, Alex
Kraft, Robert (astronomer)
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