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Constitutions are intended to preserve practical and substantial rights, not to maintain theories.
--
Davis v. Mills, 194 U.S. 451, 457 (1904).

 

Oliver Wendell Holmes

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If no one can appeal to justice except to government, justice will be perverted in favor of the government, constitutions and supreme courts notwithstanding. Constitutions and supreme courts are state constitutions and agencies, and whatever limitations to state action they might contain or find is invariably decided by agents of the very institution under consideration. Predictably, the definition of property and protection will continually be altered and the range of jurisdiction expanded to the government’s advantage until, ultimately, the notion of universal and immutable human rights – and in particular property rights – will disappear and be replaced by that of law as government-made legislation and rights as government-given grants.

 

Hans-Hermann Hoppe

 

Is there anything in which the people of this age and country differ more from those of other lands and former times than in this — their ability to preserve order and protect rights without the aid of government? ... We are realizing the paradox, “that country is governed best which is governed least.” I no longer fear lynch law. Let the people be intelligent and good, and I am not sure but their impulsive, instinctive verdicts and sentences and executions, unchecked by the rules and technicalities of law, are more likely to be according to substantial justice than the decisions of courts and juries.

 

Rutherford B. Hayes

 

First we try to preserve ourselves, until we see that we can't. Then we try to preserve our children, until we see we can't. Then we act to preserve our kin, and then our village or tribe, and when we see we can't preserve even them, then we act in order to preserve our memory. And if we can't do that, what is left?

 

Orson Scott Card

 

It would be not only useless, but dangerous, to enumerate a number of rights which are not intended to be given up; because it would be implying, in the strongest manner, that every right not included in the exception might be impaired by the government without usurption; and it would be impossible to enumerate every one. Let any one make what collection or enumeration of rights he pleases, I will immediately mention twenty or thirty more rights not contained in it.

 

James Iredell

 

That which has no existence cannot be destroyed — that which cannot be destroyed cannot require anything to preserve it from destruction. Natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense — nonsense upon stilts. But this rhetorical nonsense ends in the old strain of mischievous nonsense for immediately a list of these pretended natural rights is given, and those are so expressed as to present to view legal rights. And of these rights, whatever they are, there is not, it seems, any one of which any government can, upon any occasion whatever, abrogate the smallest particle.

 

Jeremy Bentham