In the case of all things which have a certain constitution, whatever harm may happen to any of them, that which is affected becomes consequently worse; but in like case, a man becomes both better... and more worthy of praise, by making the right use of these accidents.
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X, 33.Marcus Aurelius
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[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
Evolution is all about processes that almost never happen. Every birth in every lineage is a potential speciation event, but speciation almost never happens, not once in a million births. Mutation in DNA almost never happens -- not once in a trillion copyings -- but evolution depends on it. Take the set of infrequent accidents -- things that almost never happen -- and sort them into the happy accidents, the neutral accidents, and the fatal accidents; amplify the effects of the happy accidents -- which happens automatically when you have replication and competition -- and you get evolution.
Daniel C. Dennett
The case for individual freedom rests chiefly on the recognition of the inevitable and universal ignorance of all of us concerning a great many of the factors on which the achievement of our ends and welfare depend. It is because every individual knows so little and, in particular, because we rarely know which of us knows best that we trust the independent and competitive efforts of many to induce the emergence of what we shall want when we see it.
Humiliating to human pride as it may be, we must recognize that the advance and even the preservation of civilization are dependent upon a maximum of opportunity for accidents to happen. These accidents occur in the combination of knowledge and attitudes, skills and habits, acquired by individual men and also when qualified men are confronted with the particular circumstances which they are equipped to deal with. Our necessary ignorance of so much means that we have to deal largely with probabilities and chances.
Of course, it is true of social as of individual life that favorable accidents usually do not just happen. We must prepare for them.Friedrich Hayek
On Judicial activism: The Court must be living in another world. Day by day, case by case, it is busy designing a Constitution for a country I do not recognize
Antonin Scalia
I disagree with by brother Charles and Theodore Roosevelt. I think that Lee should have been hanged. It was all the worse that he was a good man and a fine character and acted conscientiously. These facts have nothing to do with the case and should not have been allowed to interfere with just penalties. It's always the good men who do the most harm in the world.
Henry Adams
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