Struggles to coerce uniformity of sentiment in support of some end thought essential to their time and country have been waged by many good as well as by evil men. Nationalism is a relatively recent phenomenon but at other times and places the ends have been racial or territorial security, support of a dynasty or regime, and particular plans for saving souls. As first and moderate methods to attain unity have failed, those bent on its accomplishment must resort to an ever-increasing severity. . . . Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard.
It seems trite but necessary to say that the First Amendment to our Constitution was designed to avoid these ends by avoiding these beginnings. There is no mysticism in the American concept of the State or of the nature or origin of its authority. We set up government by consent of the governed, and the Bill of Rights denies those in power any legal opportunity to coerce that consent. Authority here is to be controlled by public opinion, not public opinion by authority.
If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.
Tag: freedom nationalism democracy america united-states usa dissent government first-amendment thoughts united-states-of-america barnette supreme-court unanimity us
When the Chief Justice read me the oath,' he [FDR] later told an adviser, 'and came to the words "support the Constitution of the United States" I felt like saying: "Yes, but it's the Constitution as I understand it, flexible enough to meet any new problem of democracy--not the kind of Constitution your Court has raised up as a barrier to progress and democracy.
Susan QuinnTag: democracy constitution supreme-court flexibility roosevelt
Today, no less than five Supreme Court justices are on record, either through their opinions or speeches (or both), that they will consult foreign law and foreign-court rulings for guidance in certain circumstances. Of course, policymakers are free to consult whatever they want, but not justices. They're limited to the Constitution and the law.
Mark R. LevinTag: justice jurisprudence constitution supreme-court foreign-law limiation policymakers
Identifying the flaw in the US philosophical roots requires that we move beyond the intellectual and emotional climate in which the Constitution was conceived and adopted. The meanings of concepts and words change with use, and even the Supreme Court has admitted that the original perspective of the American social contract has been altered by the passage of time.
David E. WilkinsTag: philosophy government supreme-court
While significant strides have been made in the pursuit of life expectancy, healthcare, educational opportunities, and constitutional protections for women, the Supreme Court, in particular, still wrestles with their status, as evidenced by their problems in pursuing equal opportunity in education and employment, reproductive freedom, the military, and violence against women.
David E. WilkinsTag: freedom violence supreme-court women-s-rights
A funny thing happened to the First Amendment on its way to the public forum. According to the Supreme Court, money is now speech and corporations are now people. But when real people without money assemble to express their dissatisfaction with the political consequences of this, they’re treated as public nuisances and evicted.
Robert B. ReichTag: politics democracy government first-amendment rights corporations supreme-court public-assembly u-s-politics
...pointed out that the corporation enjoys the same rights as a living person under the Fourteenth Amendment to the Constitution. This concept was upheld in 1886 by the Supreme Court in 'Santa Clara County v. Southern Pacific Railroad Company' and has been a fact of law ever since. I emphasized to those executives that the corporation should also be required to accept the same responsibilities as those expected of a person; it too should be a good citizen, an honorable, ethical member of the community. In the case of international corporations, that community has to be defined as the world.
John PerkinsTag: corporations responsibilities supreme-court citizens
Ever feel like dialing 911 is just simply not enough, and you really need to speak to someone on the Supreme Court...?
Josh SternTag: humor supreme-court speak 911-dial
You cannot stand for civil rights + not support gay marriage. You cannot stand for human rights + not support gay marriage. It's that simple.
Everywhere, the voice of the oppressed must echo + ring out or else it will be crushed by the tyranny of wickedness.
Tag: civil-rights human-rights supreme-court gay-marriage
The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.
John G. Roberts Jr.Tag: supreme-court chief-justice
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