A judge should be evaluated by whether he faithfully upholds his oath to God, not to the people, to the state or to the Constitution.
The Constitution does not vest in Congress the authority to protect society from every bad act that might befall it....[I]f followed to its logical extreme, [this approach] would result in an unwarranted expansion of federal power.
The Constitution contains no 'dignity' Clause, and even if it did, the government would be incapable of bestowing dignity. ... Slaves did not lose their dignity (any more than they lost their humanity) because the government allowed them to be enslaved. Those held in internment camps did not lose their dignity because the government confined them. And those denied governmental benefits certainly do not lose their dignity because the government denies them those benefits.
The Constitution, in addition to delegating certain enumerated powers to Congress, places whole areas outside the reach of Congress' regulatory authority. The First Amendment, for example, is fittingly celebrated for preventing Congress from "prohibiting the free exercise" of religion or "abridging the freedom of speech." The Second Amendment similarly appears to contain an express limitation on the government's authority.
Government cannot make us equal; it can only recognize, respect, and protect us as equal before the law. That [affirmative action] programs may have been motivated, in part, by good intentions cannot provide refuge from the principle that under our Constitution, the government may not make distinctions on the basis of race.
[T]he courts are so willing to assume that anything that is predominantly black must be inferior.... The mere fact that a school is black does not mean that it is the product of an unconstitutional violation.
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