Laws are no longer made by a rational process of public discussion; they are made by a process of blackmail and intimidation, and they are executed in the same manner. The typical lawmaker of today is a man wholly devoid of principle — a mere counter in a grotesque and knavish game. If the right pressure could be applied to him, he would be cheerfully in favor of polygamy, astrology or cannibalism.
It is the aim of the Bill of Rights, if it has any remaining aim at all, to curb such prehensile gentry. Its function is to set a limitation upon their power to harry and oppress us to their own private profit. The Fathers, in framing it, did not have powerful minorities in mind; what they sought to hobble was simply the majority. But that is a detail. The important thing is that the Bill of Rights sets forth, in the plainest of plain language, the limits beyond which even legislatures may not go. The Supreme Court, in Marbury v. Madison, decided that it was bound to execute that intent, and for a hundred years that doctrine remained the corner-stone of American constitutional law.
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The American Mercury (May 1930)H. L. Mencken
» H. L. Mencken - all quotes »
I am unalterably opposed to any species of vigilantes or to any other extra-legal means of a majority exercising its will over a minority ... I believe that if majorities are entitled to have their civil rights protected they should be willing to fight for the same rights to minorities no matter how violently they disagree with their views. Further, I am convinced that this is the only way they can be preserved.
I believe that the American concept of civil rights should include not only an observance of our Constitutional Bill of Rights, but also absence of arbitrary action by government in every field.Earl Warren
The Bill of Rights must be subjected to no 'interpretation' of any kind except in terms of the original intent of the Founding Fathers, a group of individuals who had just barely defeated the most overbearing, ruthless, and dangerously violent government in the history of the world. Even the British people were having trouble with it at the time.
The Bill of Rights represents an historic bargain between those who advocated a strong central government — and whose political ideas and wishes are expressed in the main body of the Constitution — and those who did not. Without the Bill of Rights, the Constitution ceases to be valid; any legitimate authority that derives from it ceases to exist.L. Neil Smith
In the world of thought, it was a political philosophy which made rights the foundation of the social order, and which considered the discharge of obligations, when it considered it at all, as emerging by an inevitable process from their free exercise. The first famous exponent of this philosophy was Locke, in whom the dominant conception is the indefeasibility of private rights, not the pre-ordained harmony between private rights and public welfare.
John Locke
[W]e have a Supreme Court, like yours, which, since we put a charter of rights in our constitution in 1982, is becoming increasingly arbitrary and important. It is also appointed by the Prime Minister. Unlike your Supreme Court, we have no ratification process.
Stephen Harper
People are usually surprised to discover that I hate the phrase "constitutional rights." I hate the phrase because it is terribly misleading. Most of the people who say it or hear it have the impression that the Constitution "grants" them their rights. Nothing could be further from the truth. Strictly speaking it is the Bill of Rights that enumerates our rights, but none of our founding documents bestow anything on you at all [...] The government can burn the Constitution and shred the Bill of Rights, but those actions wouldn't have the slightest effect on the rights you've always had.
Michael Badnarik
Mencken, H. L.
Mendeleev, Dmitri
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