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But the First Amendment protects against the Government; it does not leave us at the mercy of noblesse oblige. We would not uphold an unconstitutional statute merely because the Government promised to use it responsibly. [...] The Government’s assurance that it will apply [a statutory provision] more restrictively than its language provides is pertinent only as an implicit acknowledgment of the potential constitutional problems with a more natural reading.
--
United States v. Stevens, 559 U.S. ___, 130 S.Ct. 1577 (2010) (Opinion of the Court).

 

John G. Roberts

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If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.

 

James Madison

 

Ask yourself this question: if you were one of America's Founders, and you'd just surprised the world (and yourself) by winning a war of secession against the most powerful and heavy-handed government on the planet, and the last thing in the world you wanted for yourself, for your children, or for your grandchildren was to fall beneath the heels of its jackboots again, what would you want the Bill of Rights to mean?
And if the first act, under martial law, of that powerful, heavy-handed government had been to try to take your guns away at Lexington and Concord, would you have written a Second Amendment to guarantee its 'right' to own and carry weapons? Would you have written a Second Amendment that was subject to whatever government claims is 'reasonable regulation'? Or would you have written the Second Amendment to forbid government from having anything to do with your guns?
Anything whatever.

 

L. Neil Smith

 

Government of limited power need not be anemic government. Assurance that rights are secure tends to diminish fear and jealousy of strong government, and by making us feel safe to live under it makes for its better support.

 

Robert H. Jackson

 

For me, the only correct meaning of that phrase is that our Government must proceed according to the 'law of the land'—that is, according to written constitutional and statutory provisions as interpreted by court decisions.

 

Hugo Black

 

Importantly, there is nothing in the Constitution — by which, under Article 6, Section 2, officials at every level of government are obligated to abide — that authorizes the banning of any substance or enforcing that ban with the threat of injury, incarceration, or death. The lawful powers of the federal government are enumerated in Article 1, Section 8, and they do not include forbidding drugs or any other substance. Politicians early in the 20th century understood this, and passed a Constitutional amendment allowing them to outlaw alcohol. No such amendment has ever been passed, or even proposed, with regard to drugs.

 

L. Neil Smith