Showing posts with label jurisprudence. Show all posts
Showing posts with label jurisprudence. Show all posts

Monday, April 4, 2011

Quote #137: on constitutional interpretation

From one of the most influential justices in the history of the Supreme Court:
In construing the constitution of the United States, we are, in the first instance, to consider, what are its nature and objects, its scope and design, as apparent from the structure of the instrument, viewed as a whole, and also viewed in its component parts. Where its words are plain, clear, and determinate, they require no interpretation; and it should, therefore, be admitted, if at all, with great caution, and only from necessity, either to escape some absurd consequence, or to guard against some fatal evil. Where the words admit of two senses, each of which is conformable to common usage, that sense is to be adopted, which, without departing from the literal import of the words, best harmonizes with the nature and objects, the scope and design of the instrument. Where the words are unambiguous, but the provision may cover more or less ground according to the intention, which is yet subject to conjecture; or where it may include in its general terms more or less, than might seem dictated by the general design, as that may be gathered from other parts of the instrument, there is much more room for controversy; and the argument from inconvenience will probably have different influences upon different minds. Whenever such questions arise, they will probably be settled, each upon its own peculiar grounds; and whenever it is a question of power, it should be approached with infinite caution, and affirmed only upon the most persuasive reasons. In examining the constitution, the antecedent situation of the country, and its institutions, the existence and operations of the state governments, the powers and operations of the confederation, in short all the circumstances, which had a tendency to produce, or to obstruct its formation and ratification, deserve a careful attention. Much, also, may be gathered from contemporary history, and contemporary interpretation, to aid us in just conclusions
Jospeh Story (1799-1845), Commentaries on the Constitution, Chapter V,  § 405. II (1833).

Wednesday, November 10, 2010

Quote #126: on the sanctity of private property


"So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community."

- Sir William Blackstone (1723-1780), Commentary on the Laws of England.

Tuesday, November 9, 2010

Quote #124: on justice

"The precepts of the law are these: to live honestly, to injure no one, and to give every man his due. The study of law consists of two branches, law public and law private. The former relates to the welfare of the Roman State; the latter to the advantage of the individual citizen. Of private law then we may say that it is of threefold origin, being collected from the precepts of nature, from those of the law of nations, or from those of the civil law of Rome."

- Justinian (483-565), emperor of Rome, in his Institutes of Roman Law.

Friday, June 25, 2010

Quote No. CXVII

"When you need to shoot, shoot, don't talk."

-Tuco Ramirez
(The Good, The Bad, and The Ugly)

Thursday, March 11, 2010

Quote Number 100


Bringin' it back...

"The law of the Lord is perfect, converting the soul; the testimony of the Lord is sure, making wise the simple; the statutes of the Lord are right, rejoicing the heart; the commandment of the Lord is pure, enlightening the eyes; the fear of the Lord is clean, enduring forever; the judgements of the Lord are true and righteous altogether; more to be desired are they than gold, yea, than much fine gold; sweeter also than honey and the honeycomb. Moreover, by them your servant is warned, and in jeeping them there is great reward."

Psalm 19:7-11 (New King James Version)

Thursday, September 10, 2009

Quote LIX


"A precedent embalms a principle."



-Benjamin Disraeli (1804-1881)

Friday, April 3, 2009

Quote #38

"The aim of any good constitution is to achievein a society a high degree of political harmony,so that order and justice and freedom may be maintained." -- Russell Kirk

St. Augustine (by Sandro Botticelli)

St. Ignatius Loyola (by Francisco Zurbaran)

Benjamin Rush (by Charles Willson Peale)

Patrick Henry at the Virginia House of Burgesses (by Henry Rothermel)

Edmund Burke (by Sir Joshua Reynolds)

Samuel Adams (by John Singleton Copley)

Alexander Hamilton (by John Trumbull)