The will of the nation, speaking with the voice of battle and through the amended Constitution, has fulfilled the great promise of 1776 by proclaiming "liberty throughout the land to all the inhabitants thereof." The elevation of the negro race from slavery to the full rights of citizenship is the most important political change we have known since the adoption of the Constitution of 1787.
James A. Garfield
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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
I also am concerned about judges who imagine they see everything in society addressed in the Constitution. It is worth remembering that the Constitution is a very brief document. It defines the structure and authority of the federal government and protects a limited list of sacred rights. It does not, and was never intended to, address every legal issue that might arise in our nation’s history. Democracy is well-served when the Court says, in effect, "the Constitution simply does not comment on this issue." In contrast, constitutionalizing an issue takes it out of the democratic process. If the people disagree with a court decision based on the law, they have a remedy in the political process. Through their elected representatives, they can change the law. But once a court declares a law to be unconstitutional or prohibits some agency action on constitutional grounds, it is limiting the options of the people. Such a step should be taken only where it is clear that the Constitution has truly spoken on the issue and forbidden what the political branches have determined to do.
Alberto Gonzales
We don't need to rewrite the Constitution of the United States of America, we need to re-read the Constitution and enforce the Constitution. We don't need to re-write, let's reread! And I know that there are some people that are not going to do that. So for the benefit of those who are not going to read it because they don't want us to go by the Constitution, there's a little section in there that talks about "life, liberty and the pursuit of happiness". You know, those ideals that we live by, we believe in, your parents believed in, they instilled in you. When you get to the part about "life, liberty and the pursuit of happiness," don't stop right there, keep reading. 'Cause that's when it says "when any form of government becomes destructive of those ideals, it is the right of the people to alter or abolish it". We've got some altering and some abolishing to do!
Herman Cain
[T]he Government of the Union, though limited in its powers, is supreme within its sphere of action. This would seem to result necessarily from its nature. It is the Government of all; its powers are delegated by all; it represents all, and acts for all. Though any one State may be willing to control its operations, no State is willing to allow others to control them. The nation, on those subjects on which it can act, must necessarily bind its component parts. But this question is not left to mere reason; the people have, in express terms, decided it by saying, [p406] "this Constitution, and the laws of the United States, which shall be made in pursuance thereof," "shall be the supreme law of the land," and by requiring that the members of the State legislatures and the officers of the executive and judicial departments of the States shall take the oath of fidelity to it. The Government of the United States, then, though limited in its powers, is supreme, and its laws, when made in pursuance of the Constitution, form the supreme law of the land, "anything in the Constitution or laws of any State to the contrary notwithstanding."
John Marshall
"The sovereignty of the States" is the language of the Confederacy, and not the language of the Constitution. The latter contains the emphatic words — This Constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land, and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding.
Andrew Johnson
Garfield, James A.
Garfunkel, Art
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