Constitutional rights

“ While strongly in favor of the vigorous execution of constitutional laws, I cannot but shrink from hastily fastening upon the statute-books of the country legislative acts which, in my opinion at least, while they may afford aid to some, would conjure up new and great dangers to the constitutional rights and liberties of all. ”

“ While the limitations thus far cited are specific and expressed, they go less to the fundamentals of government and civil rights than do other limitations expressed in the Constitution, and notably in the Amendments.375
It is not unusual that a State constitution declares that to guard against transgressions of the high powers of government delegated by the people through them, everything in the article, commonly known as the Bill of Rights, is excepted out of the general powers of government, and shall forever remain inviolate. ”

“ We perfectly agree with your Honour in the general principle that, in a free government, the majority must determine and decide upon all existing or projected measures. But it will be recollected, that the decision of that majority, to be binding, must be constitutional and just. Government is formed for the security of the citizen, and the protection of its rights. Whenever his liberty is infringed, his rights violated or unprotected, if not absolved from his allegiance, he may demand redress, and take all lawful measures to obtain it. ”

“ Therefore, as authority for Congress, you have two sources in the Constitution itself,—first, the guaranty clause, and, secondly, the Constitutional Amendment, each sufficient, the two together a twofold sufficiency. To establish the Equal Rights of All, no further Amendment is needed. The actual text is exuberant. Instead of adding new words, it will be enough, if you give those that exist the natural force belonging to them. ”

“ The Civil Rights Bill and the Freedmen's Bureau Bill and the proposed constitutional amendments, with the amendment already adopted and recognized as the law of the land, do not reach the difficulty, and cannot, unless the whole structure of the government is changed from a government by States to something like a despotic central government, with power to control even the municipal regulations of States, and to make them conform to its own despotic will. ”

“ The power to provide for the enforcement of the principles embodied in the recent Constitutional Amendments is vested by those amendments in the Congress of the United States, and we declare it to be the solemn obligation of the legislative and executive departments of the Government to put into immediate and vigorous exercise all their constitutional powers for removing any just causes of discontent on the part of any class, and for securing to every American citizen complete liberty and exact equality in the exercise of all civil, political and public rights. ”

“ The constitutional provision, therefore, must mean that no agency of the State or of the officers or agents by whom its powers are exerted shall deny to any person within its jurisdiction the equal protection of the laws. ”

“ Such codification of the constitution is to realize, with firm stability that is objectively unchallengeable, the control of state power and the maximum guarantee of human rights intended by the constitution. ”

“ But some form of civil authority would be absolutely necessary to organize and preserve civilized society, and prepare it to become a State; and what is the best form must always depend on the condition of the Territory at the time, and the choice of the mode must depend upon the exercise of a discretionary power by Congress, acting within the scope of its constitutional authority, and not infringing upon the rights of person or rights of property of the citizen who might go there to reside, or for any other lawful purpose. ”

“ To state the matter shortly, the sovereign has, under a constitutional monarchy such as ours, three rights—the right to be consulted, the right to encourage, the right to warn. ”

“ The Constitution forbids only such legislation affecting citizens of the respective States as will substantially or practically put a citizen of one State in a condition of151 alienage when he is within, or when he removes to, another State, or when asserting in another State the rights that commonly appertain to those who are part of the political community known as the People of the United States, by and for whom the government of the Union was ordained and established.320
124. ”

“ As a general conclusion he notes that the limitation of constitutional rights for a purpose that is necessary in a democratic society involves the weighing up of competing values, and ultimately an assessment based on proportionality. ”

“ The concept that the Bill of Rights and other constitutional protections against arbitrary government are inoperative when they become inconvenient or when expediency dictates otherwise is a very dangerous doctrine and, if allowed to flourish, would destroy the benefit of a written Constitution and undermine the basis of our Government. ”

“ National protection for national citizens in their equal civil, political, and religious rights, to be guaranteed by amendment of the United States constitution and afforded through the United States courts. ”

“ The clear-sighted provision in the national constitution, as in the constitutions of the different states, by which the frame of government can be moulded at will by the public voice, and so made to keep pace in progress with the public mind, is the master-stroke in constitutional law. ”

“ Article III of the Constitution provides for courts and judges, and fixes their jurisdiction—their power—and gives direction as to trial and penalty in certain cases.
Thus we find that the Constitution guarantees a National government (a republican form of government) , confers certain powers formerly held by the people, provides an executive to enforce the powers granted, a legislative body to make laws under which the powers may be exercised, and establishes [pg 185] courts to construe and apply the laws enacted, to the end that human rights and liberties shall be protected. ”

“ A state constitution is then in a just and appropriate sense, not only a law, but a supreme law, for the government of the whole people, within the range of the powers actually contemplated, and the rights secured by it. ”

“ As soon as the constitution was adopted, this right was secured by the seventh amendment of the constitution proposed by congress; and which received an assent of the people so general, as to establish its importance as a fundamental guaranty of the rights and liberties of the people. ”

“ Our Constitution does not contain the absurdity of giving power to make laws, and another power to resist them. The sages, whose memory will always be reverenced, have given us a practical, and, as they hoped, a permanent constitutional compact. ”

“ With a view, therefore, to preserve the rights and liberties of the people against unjust encroachments, and to secure the equal benefits of a free constitution, it is of vital importance to interpose some check against the undue exercise of the legislative power, which in every government is the predominating, and almost irresistible power. ”

“ I will quote to you from the Constitution—if I had the Constitution here I would read it to you—it is to the effect 'that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.' No matter, therefore, whether the people live in the states or territories, they possess constitutional privileges alike. ”

“ As far as they are concerned, the State, as a party to the constitutional compact, has the right to decide, in the last resort — and, acting in the same character in which it ratified the constitution, to determine to what limits its powers extend, and how far they are bound to respect and obey it, and the acts made under its authority. ”

“ This obligation, in turn, requires that any enactment of Parliament should be judged by standards laid down by the Constitution. The judiciary has the duty of implementing the constitutional safeguards that protect individual rights. When the State seeks to take away the individual fundamental right to life, the safeguards of the Constitution should be examined with special diligence. When it appears that an act of Parliament conflicts with the provisions of the Constitution, we have no choice but to enforce the paramount commands of the Constitution. ”

“ The people of any state cannot, then, by any alteration of their state constitution, destroy, or impair that supremacy. How, then, can they do it in any other less direct manner? Now, it is the proper function of the judicial department to interpret laws, and by the very terms of the constitution to interpret the supreme law. Its interpretation, then, becomes obligatory and conclusive upon all the departments of the federal government, and upon the whole people, so far as their rights and duties are derived from, or affected by that constitution. ”

“ Whatever belongs to the power of Congress and the jurisdiction of the courts of the Union, they may confidently be relied upon to provide and perform; and to the legislatures, the courts, and the executive authorities of the several States I earnestly appeal to secure, by adequate, appropriate, and seasonable means, within their borders, these common and uniform rights of a united people which loves liberty, abhors oppression, and reveres justice. ”

“ That Congress shall have power to make all laws which shall be necessary and proper to secure to the citizens of each State all privileges and immunities of citizens in the several States, and to all persons in the several States equal protection in the rights of life, liberty, and property. ”

“ Thus it sets a norm; measures that assail the dignity and self esteem of an individual will need to be justified; there is no place for brutal and dehumanising treatment and punishment. The Constitution has allocated to the State and its organs a role as the protectors and guarantors of those rights to ensure that they are available to all. In the process, it sets the State up as a model for society as it endeavours to move away from a violent past. It is therefore reasonable to expect that the State must be foremost in upholding those values which are the guiding light of civilised societies. ”

“ But where a constitution asserts a certain right, or lays down a certain principle of law or procedure, it speaks for the entire people as their supreme law, and is full authority for all that is done in pursuance of its provision. ”

“ Protection to life, liberty, and property rests, primarily, with the states, and the amendment furnishes an additional guaranty against any encroachment by the states upon those fundamental rights which belong to citizenship, and which the state governments were created to secure. ”

“ But, Sir, the people have wisely provided, in the Constitution itself, a proper, suitable mode and tribunal for settling questions of constitutional law. There are in the Constitution grants of powers to Congress, and restrictions on these powers. There are, also, prohibitions on the States. Some authority must, therefore, necessarily exist, having the ultimate jurisdiction to fix and ascertain the interpretation of these grants, restrictions, and prohibitions. The Constitution has itself pointed out, ordained, and established that authority. ”

“ Whenever our national legislature is led to overleap the prescribed bounds of their constitutional powers, on the State Legislatures, in great emergencies, devolves the arduous task—it is their right—it becomes their duty, to interpose their protecting shield between the right and liberty of the people, and the assumed power of the General Government. ”

“ That in a government, like ours, founded by the people, and managed by the people, and especially in one of limited authority, there was no necessity of any bill of rights; for all powers not granted were reserved ”

“ However, pursuant to the principle of the rule of law that is a basic principle of our Constitution, any and all government power including the President and the National Assembly must be subject to the rule of law, and the limit that all state function is the means to realize the value of basic rights of the citizens must uncompromisingly be observed. Also, the Constitutional Court is a state institution that is dedicated to the protection of the Constitution and the guarantee of the basic rights of the citizens. ”

“ Therefore it is that the question, in reference to any measure, Is it constitutional? far from exciting ridicule, as sometimes with superficial thinkers it has done, is to be recognized as proof of our magnificent control over the wayward factions of the hour, and of our abiding trust in the hardly less than inspired wisdom of our fathers, to which we thus make our ultimate appeal. For the Constitution is the organic law of the nation, and stands for the firm foundation of our national life. ”

“ From the beginning of our republic, therefore, they endeavored to enhance the Constitution with a bill of rights, a specific enumeration of fundamental rights that would prevail even against a future government inclined to abuse the power it has over the lives of citizens. ”

“ There is, in the fourth place, the value of the national Constitution as the grand conservator of all lower law, and of all lower political rights whatever. No law of the State, of the city, of the family, of the school, no contract between man and man, no prescriptive right, no title to property, no exclusive domain in land, no authority over persons, could fail to be weakened by a wound inflicted on the all-conserving law of our higher nationality. ”

“ Because, in cases, where some citizens of one state have demands against all the citizens of another state, the cause of liberty and the rights of men forbid, that the latter should be the sole judges of the justice due to the latter; and true republican government requires, that free and equal citizens should have free, fair, and equal justice. 9. To controversies between citizens of the same state, claiming lands under grants of different states ”