Constitutional law Quotes

“All sciences have their mysteries and at certain points the apparently most obvious theory will be found in contradiction with experience. Politics, for example, offers several proofs of this truth. In theory, is anything more absurd than hereditary monarchy? We judge it by experience, but if government had never been heard of and we had to choose one, whoever would deliberate between hereditary and elective monarchy would be taken for a fool. Yet we know by experience that the first is, all things considered, the best that can be imagined, while the second is the worst. What arguments could not be amassed to establish that sovereignty comes from the people? However they all amount to nothing. Sovereignty is always taken, never given, and a second more profound theory subsequently discovers why this must be so. Who would not say the best political constitution is that which has been debated and drafted by statesmen perfectly acquainted with the national character, and who have foreseen every circumstance? Nevertheless nothing is more false. The best constituted people is the one that has the fewest written constitutional laws, and every written constitution is WORTHLESS.”

“The United States has experienced more than two centuries of political stability. When viewed against the background of world history, this is remarkable. The First Amendment has played a singularly important role. When citizens can openly criticize their government, changes come about through orderly political processes. When grievances exist, they must be aired, if not through the channels of public debate, then by riots in the streets. The First Amendment functions as a safety valve through which the pressures and frustrations of a heterogeneous society can be ventilated and defused.”

“There's a misconception about Barack Obama as a former constitutional law professor. First of all, there are plenty of professors who are 'legal relativists.' They tend to view legal principles as relative to whatever they're trying to achieve.”

“At Columbia Law School, my professor of constitutional law and federal courts, Gerald Gunther, was determined to place me in a federal court clerkship, despite what was then viewed as a grave impediment: On graduation, I was the mother of a 4-year-old child.”