The nice men in periwigs who came up with the Fourth Amendment were recklessly naive to imagine that branches of a government, each of whose power is enhanced when the power of the other branches grows, would serve to check one another.
If the Bill of Rights was intended to place strict limits on federal power and protect individual and locality from the national government the 14th Amendment effectively defeated that purpose by placing the power to enforce the Bill of Rights in federal hands, where it was never intended to be.
It's a Tenth Amendment issue. If you want Washington, if you want to implement their standards, that's your call... We certainly had higher standards than Common Core, so it was a very easy decision for Texans, myself and the legislature included, to basically say we still believe that Texans know how to best run Texas.
The "establishment of religion" clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion.
The modern public school derived from a philosophy of freedom reflected in the First Amendment ... The non-sectarian or secular public school was the means of reconciling freedom in general with religious freedom.
Of the six men who have done most to make America the wonder and the joy she is to all of us, not one could be the citizen of a government so constituted; for Washington and Franklin and Jefferson, certainly the three mightiest leaders in our early history, were heretics in their day, Deists, as men called them; and Garrison and Lincoln and Sumner, certainly the three mightiest in these later times, would all be disfranchised by the proposed amendment. Lincoln could not have taken the oath of office had such a clause been in the Constitution.
But the United States is neither a Christian nation nor the exclusive home of any particular religious group. Non-Christians are not guests. We are as much hosts as any Mayflower-descendant Protestant. It is our home as well as theirs. And in a home with so many owners, there can be no official sectarian prayer. That is what the First Amendment is all about, and the first act by the new administration was in defiance of our Constitution.
Jefferson found in the religion phrases of the First Amendment no vague or fuzzy language to be bent or shaped or twisted as suited any Supreme Court Justice or White House incumbent. That amendment had built a wall, with the ecclesiastical estate on one side and the civil estate on the other.
I would not look with favor upon a President working to subvert the First Amendment's guarantees of religious liberty ... Neither do I look with favor upon those who would work to subvert Article VI of the Constitution by requiring a religious test - even by indirection.
Today, the religion clauses of the First Amendment do not need to be fixed; they need to be followed.
That wall, embodied in the First Amendment, is perhaps America's most important contribution to political progress on this planet.
You can assert a fifth amendment privilege and not testify. But if you go in and swear to tell the truth, then you better do it. Otherwise, if a prosecutor finds that you have testified in a way that is factually incorrect and you had reason to know that it was factually incorrect, then you're guilty of perjury.
Rather than passing a thousand pages of tax reform legislation and restarting the tax code manipulation process, we should change the paradigm. It is time to eliminate the IRS and repeal the 16th Amendment.
All of us in this country give lip service to the ideals set forth in the Bill of Rights and emphasized by every additional amendment, and yet when war is stirring in the world, many of us are ready to curtail our civil liberties. We do not stop to think that curtailing these liberties may in the end bring us a greater danger than the danger we are trying to avert.
We shall some day be heeded, and when we shall have our amendment to the Constitution of the United States, everybody will think it was always so, just exactly as many young people believe that all the privileges, all the freedom, all the enjoyments which woman now possesses always were hers. They have no idea of how every single inch of ground that she stands upon today has been gained by the hard work of some little handful of women of the past.
Such is our impatience, such our hatred of procrastination, to everything but the amendment of our practices and the adornment of our nature, one would imagine we were dragging Time along by force, and not he us.
We often seem to be swimming through such a miasma of sexual violence - in advertising, television programming, heavy metal, rap, films, and worst of all, in the home - that even First Amendment absolutists sometimes daydream about how nice it would be to have government-as-nanny just outlaw all this effluent.
There is nothing as dangerous as an unembodied principle: no matter what blood flows, the principle comes first. The First Amendment absolutists operate precisely on unembodied principle.
I think all these reverend gentlemen who insist on the word 'obey' in the marriage service should be removed for a clear violation of the Thirteenth Amendment to the Federal Constitution, which says there shall be neither slavery nor involuntary servitude within the United States.
In the First Amendment to the Constitution, the Founders made it clear that this was not to be a sky-god nation with a national religion like that of England, from whom we had just separated. It is curious how little understood this amendment is-yes, everyone has a right to worship any god he chooses but he does not have the right to impose his beliefs on others who do not happen to share in his superstitions and taboos.
This separation was absolute in our original Republic. But the sky-godders do not give up easily. In the 1950s they actually got the phrase In God We Trust onto the currency, in direct violation of the First Amendment.
My greatest disappointment in all the projects I worked on during the White House years was the failure of the Equal Rights Amendment to be ratified. ... Why all the controversy and why such difficulty in giving women the protection of the Constitution that should have been theirs long ago?
To get that word, male, out of the Constitution, cost the women of this country fifty-two years of pauseless campaign; 56 state referendum campaigns; 480 legislative campaigns to get state suffrage amendments submitted; 47 state constitutional convention campaigns; 277 state party convention campaigns; 30 national party convention campaigns to get suffrage planks in the party platforms; 19 campaigns with 19 successive Congresses to get the federal amendment submitted, and the final ratification campaign.
... if you're poor and ignorant, with a child, you're a slave. Meaning that you're never going to get out of it. These women are in bondage to a kind of slavery that the 13th Amendment just didn't deal with. The old master provided food, clothing and health care to the slaves because he wanted them to get up and go to work in the morning. And so on welfare: you get food, clothing and shelter--you get survival, but you can't really do anything else. You can't control your life.
In this country [the USA], you have got to tolerate things you do not like in order to preserve the First Amendment, in order to preserve democracy, and if people start bullying people into fearing that if I say something I could offend people, that is exactly why we have a constitution.
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