Domingo, 10 de octubre de 2010

Sunday, October 10, 2010

A Sampling of Some Constitutional Quotes from History

A Sampling of Some
Constitutional Quotes
from History


The following example quotes make some very important points about the principles of constitutional republican government:

1. The Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary, as distinguished from technical meaning; where the intention is clear, there is no room for construction, and no excuse for interpolation or addition. ? Martin v. Hunter's Lessee, 1 Wheat 304; Gibbons v. Ogden, 9 Wheat 419; Brown v. Maryland, 12 Wheat 419; Craig v. Missouri, 4 Pet 10; Tennessee v. Whitworth, 117 U.S. 139; Lake County v. Rollins, 130 U.S. 662; Hodges v. United States, 203 U.S. 1; Edwards v. Cuba R. Co., 268 U.S. 628; The Pocket Veto Case, 279 U.S. 655; (Justice) Story on the Constitution, 5th ed., Sec 451; Cooley's Constitutional Limitations, 2nd ed., p. 61, 70.

2. It cannot be presumed that any clause in the constitution is intended to be without effect;... ? Marbury v. Madison, 5 U.S. 137, 174 (1803).

3. The Constitution is a written instrument. As such, its meaning does not alter. That which it meant when it was adopted, it means now. ? South Carolina v. United States, 199 U.S. 437, 448 (1905).

4. In the United States, Sovereignty resides in the people, who act through the organs established by the Constitution. ? Chisholm v. Georgia, 2 Dall 419, 471; Penhallow v. Doane's Administrators, 3 Dall 54, 93; McCullock v. Maryland, 4 Wheat 316, 404, 405; Yick Yo Hopkins, 118 U.S. 356, 370.

5. The necessities which gave birth to the constitution, the controversies which precede its formation and the conflicts of opinion which were settled by its adoption, may properly be taken into view for the purposes of tracing to its source, any particular provision of the constitution, in order thereby, to be enabled to correctly interpret its meaning. ? Pollock v. Farmers' Loan & Trust Co., 157 U.S. 429, 558.

6. The values of the Framers of the Constitution must be applied in any case construing the Constitution. Inferences from the text and history of the Constitution should be given great weight in discerning the original understanding and in determining the intentions of those who ratified the constitution. The precedential value of cases and commentators tends to increase, therefore, in proportion to their proximity to the adoption of the Constitution, the Bill of Rights, or any other amendments. ? Powell v. McCormack, 395 U.S. 486, 547 (1969).

7. To disregard such a deliberate choice of words and their natural meaning, would be a departure from the first principle of constitutional interpretation. "In expounding the Constitution of the United States," said Chief Justice Taney in Holmes v. Jennison, 14 U.S. 540, 570-1, "every word must have its due force and appropriate meaning; for it is evident from the whole instrument, that, no word was unnecessarily used, or needlessly added. The many discussions which have taken place upon the construction of the Constitution, have proved the correctness of this proposition; and shown the high talent, the caution and the foresight of the illustrious men who framed it. Every word appears to have been weighed with the utmost deliberation and its force and effect to have been fully understood. ? Wright v. United States, 302 U.S. 583 (1938).

8. The courts are not bound by mere forms, nor are they to be misled by mere pretences. They are at liberty ? indeed, are under a solemn duty ? to look at the substance of things, whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority. If therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of thye courts to so adjudge, and thereby give effect to the Constitution. ? Mugler v. Kansas, 123 U.S. 623, 661.

9. Constitutional provisions for the security of person and property should be liberally construed. It is the duty of the courts to be watchful of constitutional rights against any stealthy encroachments thereon. ? Boyd v. U.S., 116 U.S. 635.

10. It cannot be assumed that the framers of the constitution and the people who adopted it, did not intend that which is the plain import of the language used. When the language of the constitution is positive and free of all ambiguity, all courts are not at liberty, by a resort to the refinements of legal learning, to restrict its obvious meaning to avoid the hardships of particular cases. We must accept the constitution as it reads when its language is unambiguous, for it is the mandate of the sovereign power. ? Cook vs. Iverson, 122, N.M. 251.

11. Where the words of a constitution are unambiguous and in their commonly received sense lead to a reasonable conclusion, it should be read according to the natural and most obvious import of the framers, without resorting to subtle and forced construction for the purpose of limiting or extending its operation. ? A State Ex Rel. Torryson v. Grey, 21 Nev. 378, 32 P. 190.

12. If the legislature clearly misinterprets a constitutional provision, the frequent repitition of the wrong will not create a right. ? Amos v. Mosley, 74 Fla. 555; 77 So. 619.

13. A long and uniform sanction by law revisers and lawmakers, of a legislative assertion and exercise of power, is entitled to a great weight in construing an ambiguous or doubtful provision, but is entitled to no weight if the statute in question is in conflict with the plain meaning of the constitutional provision. ? Kingsley v. Merril, 122 Wis. 185; 99 NW 1044.

14. Economic necessity cannot justify a disregard of cardinal constitutional guarantee. ? Riley v. Carter, 165 Okal. 262; 25 P. 2d 666; 79 ALR 1018.

15. Disobedience or evasion of a constitutional mandate may not be tolerated, even though such disobedience may, at least temporarily, promote in some respects the best interests of the public. ? State v. Board of Examiners, 274 N.Y. 367; 9 NE 2d 12; 112 ALR 660.

16. When any court violates the clean and unambiguous language of the Constitution, a fraud is perpetrated and no one is bound to obey it. ? (See 16 Ma. Jur. 2d 177, 178) State v. Sutton, 63 Minn. 147, 65 NW 262, 30 L.R.A. 630 Am. St. 459.

17. I cannot subscribe to the omnipotence of a state legislature, or that it is absolute and without control; although its authority should not be expressly restrained by the Constitution, or fundamental law, of the state. The nature, and ends of legislative power will limit the exercise of it. This fundamental principle flows from the very nature of our free Republican governments, that no man should be compelled to do what the laws do not require, nor to refrain from acts which the laws permit. There are acts which the Federal, or State, Legislature cannot do, without exceeding their authority. There are certain vital principles in our free Republican governments, which will determine and overrule an apparent and flagrant abuse of legislative power; as to authorize manifest injustice by positive law; or to take away that security for personal liberty, or private property, for the protection whereof the government was established. An Act of the legislature (for I cannot call it a law) contrary to the great first principles of the social compact, cannot be considered a rightful exercise of legislative authority. The obligation of a law in governments established on express compact, and on republican principles, must be determined by the nature of the power, on which it is founded. A few instances will suffice to explain what I mean. A law that punishes a citizen for an innocent action, or, in other words, for an act, which, when done, was in violation of no existing law; a law that destroys, or impairs, the lawful private contracts of citizens; a law that makes a man a judge in his own cause; or a law that takes property from A and gives it to B. It is against all reason and justice for a people to intrust a Legislature with such powers; and, therefore, it cannot be presumed that they have done it. The genius, the nature and the spirit, of our State Government, amount to a prohibition of such acts of legislation; and the general principles of law and reason forbid them. The legislature may enjoin, permit, forbid, and punish; they may declare new crimes, and establish rules of conduct for all its citizens in future cases; they may command what is right, and prohibit what is wrong; but they cannot change innocence into guilt; or punish innocence as a crime; or violate the right of an antecedent lawful private contract; or the right of private property. To maintain that our Federal, or State, Legislature possesses such powers, if they had not been expressly restrained, would, in my opinion, be a political heresy altogether inadmissible in our free republican governments. ? Opinion of Justice Chase in Calder v. Bull, 3 Dallas 386-389 (1798).


Publicado por Corazon7 @ 13:40
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