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If a thing has been practised for two hundred years by common consent, it will need a strong case for the Fourteenth Amendment to affect it.
--
Jackman v. Rosenbaum Co., 260 U.S. 22, 31 (1922).

 

Oliver Wendell Holmes

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Property has always been the central consideration of the United States government, but it has become even more so over time. Between the signing of the Declaration of Independence in 1776, to provide just one obvious, and in some ways, silly, example (silly because all of the terms are seemingly obvious, yet in fact nearly impossible to adequately define) and the passage of the Fourteenth Amendment to the U.S. Constitution in 1868, the inalienable right with which men [sic] are self-evidently endowed by their Creator, and which may not be abridged by the State, changed from "Life, Liberty, and the pursuit of Happiness," to life, liberty, and property. The Fourteenth Amendment, passed during the KKK's maiden reign of terror, ostensibly to protect the rights of blacks from racist state governments, has been used far more often to protect the rights to property: Of the Fourteenth Amendment cases brought before the Supreme Court between 1890 and 1910, only nineteen dealt with the rights of blacks, while two hundred and eighty-eight dealt with the rights of corporations.

 

Derrick Jensen

 

It is truly a marvelous thing to consider to what greatness Athens arrived in the space of one hundred years after she freed herself from the tyranny of Pisistratus; but, above all, it is even more marvelous to consider the greatness Rome reached when she freed herself from her kings. The reason is easy to understand, for it is the common good and not private gain that makes cities great. Yet, without a doubt, this common good is observed only in republics, for in them everything that promotes it is practised, and however much damage it does to this or that private individual, those who benefit from the said common good are so numerous that they are able to advance in spite of the inclination of the few citizens who are oppressed by it.

 

Niccolo Machiavelli

 

To hold that a state cannot, consistently with the First and Fourteenth Amendments, utilize its public school system to aid any or all religious faiths or sects in the dissemination of their doctrines and ideals does not, as counsel urge, manifest a governmental hostility to religion or religious teachings. A manifestation of such hostility would be at war with our national tradition as embodied in the First Amendment's guaranty of the free exercise of religion. For the First Amendment rests upon the premise that both religion and government can best work to achieve their lofty aims if each is left free from the other within its respective sphere. Or, as we said in the Everson case, the First Amendment has erected a wall between Church and State which must be kept high and impregnable.

 

Hugo Black

 

The Due Process Clause of the Fourteenth Amendment stands, in my opinion, on its own bottom.

 

John Marshall Harlan

 

The First Amendment and Fourteenth Amendment rights in the United States Constitution were being violated in Albany again and again — freedom of speech, freedom of assembly, the equal protection of the laws — I could count at least 30 such violations. Yet the president, sworn to uphold the Constitution, and all the agencies of the United States government at his disposal, were nowhere to be seen.

 

Howard Zinn