Showing posts with label law. Show all posts
Showing posts with label law. 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).

Saturday, March 20, 2010

Quote CV


"True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting; it summons to duty by its commands and averts from wrongdoing by its prohibitions."

-Marcus Tullius Cicero (106 B.C.-43 B.C.)

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)

Saturday, March 6, 2010

Quote #99: law and ideology

"It is admittedly somewhat ironic that legal certainty increases precisely in virtue of an element that, although moderating the ideal demands on legal theory, is the most susceptible to ideological distortions." - Jurgen Habermas, Between Facts and Norms (transl. by William Rehg, MIT Press: 1998), pg. 221.

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)