United States Constitution

"The constitution does not provide for first and second class citizens."

"[O]pposition to the Constitution as a constitution, and even hostile criticism of its provisions, ceased almost immediately upon its adoption; and not only ceased, but gave place to an undiscriminating and almost blind worship of its principles, and of that delicate dual system of sovereignty, and that complicated scheme of double administration which it established... The divine right of kings never ran a more prosperous course than did this unquestioned prerogative of the Constitution to receive universal homage. The conviction that our institutions were the best in the world, nay more, the model to which all civilized states must sooner or later conform, could not be laughed out of us by foreign critics, nor shaken out of us by the roughest jars of the system."

"The first important discussion in the Convention of 1787 to reflect the attitude of the framers of the Federal Constitution toward the Negro, was whether or not slaves should be considered a part of the population in apportioning representation in Congress on that basis. A precedent had been set in the Articles of Confederation in the provision for counting five slaves as three whites to determine the rate of taxation on the population basis. The free States contended that only the free inhabitants should be counted, but the slave States urged the recognition of slaves as a part of the population to secure to the South the power which it wielded until the Civil War."

"I always defended the Constitution, because it was for liberty. It was ordained by the people of the United States. Not by a superannuated old mummy of a judge, and a Jesuit at that, but by the people of the United States. To establish justice, secure the blessing of liberty for themselves and their posterity, and to secure the natural rights of every human being within its exclusive jurisdiction. Therefore, I love it. These men can perceive nothing in the Constitution but slavery."

"I love the Constitution. It is enshrined in my heart. I love it better than any dozen Democrats in the land do tonight."

"When this nation was in trouble, in its early struggles, it looked upon the Negro as a citizen. In 1776 he was a citizen. At the time of the formation of the Constitution the Negro had the right to vote in eleven States out of the old thirteen. In your trouble you have made us citizens. In 1812 General Jackson addressed us as citizens; 'fellow-citizens'. He wanted us to fight. We were citizens then! And now, when you come to frame a conscription bill, the Negro is a citizen again. He has been a citizen just three times in the history of this government, and it has always been in time of trouble. In time of trouble we are citizens. Shall we be citizens in war, and aliens in peace? Would that be just?"

"[T]he Constitution of the United States knows no distinction between citizens on account of color."

"The Constitution was born in compromise and survived a civil war when compromise broke down only by radically changing itself. It had relied on the Great Compromise between the small and big states and on a second, “rotten” compromise between the free North and the slaveholding South. In return for empowering the federal government over trade and commerce, the future of slavery was left aside, although slaves were counted as three-fifths of a person for purposes of apportioning representation. Legally, the “rotten” compromise between North and South was abandoned with the abolition of slavery and the passage of the Fourteenth Amendment, a constitutional passkey for establishing personal and corporate rights in federal and, increasingly, in state law. The passkey became a liberal tool, used first by right-wing liberals to enfranchise business from the claims of labor and later by left-wing liberals to free citizens from the moral interferences of law on their private conduct."

"The words of the Constitution ... are so unrestricted by their intrinsic meaning or by their history or by tradition or by prior decisions that they leave the individual Justice free, if indeed they do not compel him, to gather meaning not from reading the Constitution but from reading life."

"During the war of the Revolution, and in 1788, the date of the adoption of our national Constitution, there was but one State among the thirteen whose constitution refused the right of suffrage to the negro. That State was South Carolina. Some, it is true, established a property qualification; all made freedom a prerequisite; but none save South Carolina made color a condition of suffrage. The Federal Constitution makes no such distinction, nor did the Articles of Confederation. In the Congress of the Confederation, on the 25th of June, 1778, the fourth article was under discussion. It provided that 'the free inhabitants of each of these States — paupers, vagabonds, and fugitives from justice excepted — shall be entitled to all privileges and immunities of free citizens in the several States.' The delegates from South Carolina moved to insert between the words 'free inhabitants' the word 'white', thus denying the privileges and immunities of citizenship to the colored man. According to the rules of the convention, each State had but one vote. Eleven States voted on the question. One was divided; two voted aye; and eight voted no. It was thus early, and almost unanimously, decided that freedom, not color, should be the test of citizenship. No federal legislation prior to 1812 placed any restriction on the right of suffrage in consequence of the color of the citizen. From 1789 to 1812 Congress passed ten separate laws establishing new Territories. In all these, freedom, and not color, was the basis of suffrage."

"The will of the nation, speaking with the voice of battle and through the amended Constitution, has fulfilled the great promise of 1776 by proclaiming 'liberty throughout the land to all the inhabitants thereof.' The elevation of the negro race from slavery to the full rights of citizenship is the most important political change we have known since the adoption of the Constitution of 1787. NO thoughtful man can fail to appreciate its beneficent effect upon our institutions and people. It has freed us from the perpetual danger of war and dissolution. It has added immensely to the moral and industrial forces of our people. It has liberated the master as well as the slave from a relation which wronged and enfeebled both. It has surrendered to their own guardianship the manhood of more than 5,000,000 people, and has opened to each one of them a career of freedom and usefulness."

"As the British Constitution is the most subtile organism which has proceeded from the womb and the long gestation of progressive history, so the American Constitution is, so far as I can see, the most wonderful work ever struck off at a given time by the brain and purpose of man."

"[U]nder the Constitution in its most liberal interpretation, and admitting our cherished American doctrine of equal human rights, if a white man pleases to marry a black woman, the mere fact that she is black gives no one a right to interfere to prevent or set aside such marriage."

"We believe, and I think properly, that when the men who met in 1787 to make our Constitution they made the best political document ever made; but, remember, they did so very largely because they were great compromisers."

"America is history's exception. It began as a republic founded by European migrants. Like the homogenous citizens of most other nations, they were likely on a trajectory to incorporate racial sameness as the mark of citizenship. But the ultimate logic of America’s unique Constitution was different. So the United States steadily evolved to define Americans by their shared values, not by their superficial appearance. Eventually, anyone who was willing to give up his prior identity and assume a new American persona became American. The United States has always cherished its "melting pot" ethos of e pluribus unum — of blending diverse peoples into one through assimilation, integration, and intermarriage."

"If the Constitution is to be construed to mean what the majority at any given period in history wish the Constitution to mean, why a written Constitution and deliberate process of amendment?"

"We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our liberty and of our property under the Constitution."

"While the Declaration was directed against an excess of authority, the Constitution was directed against anarchy."

"Amendments to the Constitution ought to not be too frequently made; . . . continually tinkered with it would lose all its prestige and dignity, and the old instrument would be lost sight of altogether in a short time."

"As apt and applicable as the Declaration of Independence is today, we would do well to honor that other historic document drafted in this hall--the Constitution of the United States. For it stressed not independence but interdependence--not the individual liberty of one but the indivisible liberty of all."

"The Irish were not wanted there [when his grandfather came to Boston]. Now an Irish Catholic is president of the United States … There is no question about it. In the next 40 years a Negro can achieve the same position that my brother has. … We have tried to make progress and we are making progress … we are not going to accept the status quo. … The United States Government has taken steps to make sure that the constitution of the United States applies to all individuals."

"In a sense we've come to our nation's capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men, yes, black men as well as white men, would be guaranteed the "unalienable Rights" of "Life, Liberty and the pursuit of Happiness." It is obvious today that America has defaulted on this promissory note, insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked "insufficient funds." But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. And so, we've come to cash this check, a check that will give us upon demand the riches of freedom and the security of justice."

"America failed the first test in November 2016, when we elected a president with a dubious allegiance to democratic norms. Donald Trump’s surprise victory was made possible not only by public disaffection but also by the Republican Party’s failure to keep an extremist demagogue within its own ranks from gaining the nomination. How serious is the threat now? Many observers take comfort in our Constitution, which was designed precisely to thwart and contain demagogues like Donald Trump. Our Madisonian system of checks and balances has endured for more than two centuries. It survived the Civil War, the Great Depression, the Cold War, and Watergate. Surely, then, it will be able to survive Trump. We are less certain. Historically, our system of checks and balances has worked pretty well—but not, or not entirely, because of the constitutional system designed by the founders. Democracies work best—and survive longer—where constitutions are reinforced by unwritten democratic norms. Two basic norms have preserved America’s checks and balances in ways we have come to take for granted: mutual toleration, or the understanding that competing parties accept one another as legitimate rivals, and forbearance, or the idea that politicians should exercise restraint in deploying their institutional prerogatives. These two norms undergirded American democracy for most of the twentieth century. Leaders of the two major parties accepted one another as legitimate and resisted the temptation to use their temporary control of institutions to maximum partisan advantage. Norms of toleration and restraint served as the soft guardrails of American democracy, helping it avoid the kind of partisan fight to the death that has destroyed democracies elsewhere in the world, including Europe in the 1930s and South America in the 1960s and 1970s. Today, however, the guardrails of American democracy are weakening. The erosion of our democratic norms began in the 1980s and 1990s and accelerated in the 2000s. By the time Barack Obama became president, many Republicans, in particular, questioned the legitimacy of their Democratic rivals and had abandoned forbearance for a strategy of winning by any means necessary. Donald Trump may have accelerated this process, but he didn’t cause it. The challenges facing American democracy run deeper. The weakening of our democratic norms is rooted in extreme partisan polarization—one that extends beyond policy differences into an existential conflict over race and culture. America’s efforts to achieve racial equality as our society grows increasingly diverse have fueled an insidious reaction and intensifying polarization. And if one thing is clear from studying breakdowns throughout history, it’s that extreme polarization can kill democracies. There are, therefore, reasons for alarm. Not only did Americans elect a demagogue in 2016, but we did so at a time when the norms that once protected our democracy were already coming unmoored. But if other countries’ experiences teach us that that polarization can kill democracies, they also teach us that breakdown is neither inevitable nor irreversible. Drawing lessons from other democracies in crisis, this book suggests strategies that citizens should, and should not, follow to defend our democracy."

"Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."

"The right of property in a slave is not distinctly and expressly affirmed in the Constitution... I believe that the Supreme Court and the advocates of that decision may search in vain for the place in the Constitution where the right of a slave is distinctly and expressly affirmed."

"It is easy to demonstrate that 'our Fathers, who framed this government under which we live', looked on slavery as wrong, and so framed it and everything about it as to square with the idea that it was wrong, so far as the necessities arising from its existence permitted. In forming the Constitution they found the slave trade existing; capital invested in it; fields depending upon it for labor, and the whole system resting upon the importation of slave-labor. They therefore did not prohibit the slave trade at once, but they gave the power to prohibit it after twenty years. Why was this? What other foreign trade did they treat in that way? Would they have done this if they had not thought slavery wrong? Another thing was done by some of the same men who framed the Constitution, and afterwards adopted as their own act by the first Congress held under that Constitution, of which many of the framers were members; they prohibited the spread of Slavery into Territories. Thus the same men, the framers of the Constitution, cut off the supply and prohibited the spread of Slavery, and both acts show conclusively that they considered that the thing was wrong. If additional proof is wanting it can be found in the phraseology of the Constitution. When men are framing a supreme law and chart of government, to secure blessings and prosperity to untold generations yet to come, they use language as short and direct and plain as can be found, to express their meaning. In all matters but this of slavery the framers of the Constitution used the very clearest, shortest, and most direct language. But the Constitution alludes to slavery three times without mentioning it once! The language used becomes ambiguous, roundabout, and mystical. They speak of the 'immigration of persons', and mean the importation of slaves, but do not say so. In establishing a basis of representation they say 'all other persons', when they mean to say slaves — why did they not use the shortest phrase? In providing for the return of fugitives they say 'persons held to service or labor'. If they had said slaves it would have been plainer, and less liable to misconstruction. Why didn't they do it. We cannot doubt that it was done on purpose. Only one reason is possible, and that is supplied us by one of the framers of the Constitution — and it is not possible for man to conceive of any other — they expected and desired that the system would come to an end, and meant that when it did, the Constitution should not show that there ever had been a slave in this good free country of ours!"

"We have seen that the American Constitution has changed, is changing, and by the law of its existence must continue to change, in its substance and practical working even when its words remain the same."

"The great generalities of the constitution have a content and a significance that vary from age to age."

"One thing has struck me as very strange, and that is the resurgence of the one-man power after all these centuries of experience and progress. It is curious how the English-speaking peoples have always had this horror of one-man power. They are quite ready to follow a leader for a time, as long as he is serviceable to them; but the idea of handing themselves over, lock, stock and barrel, body and soul, to one man, and worshiping him as if he were an idol? That has always been odious to the whole theme and nature of our civilization. The architects of the American Constitution were as careful as those who shaped the British Constitution to guard against the whole life and fortunes, and all the laws and freedom of the nation, being placed in the hands of a tyrant. Checks and counter-checks in the body politic, large devolutions of State government, instruments and processes of free debate, frequent recurrence to first principles, the right of opposition to the most powerful governments, and above all ceaseless vigilance, have preserved, and will preserve, the broad characteristics of British and American institutions. But in Germany, on a mountain peak, there sits one man who in a single day can release the world from the fear which now oppresses it; or in a single day can plunge all that we have and are into a volcano of smoke and flame."

"Most faults are not in our Constitution, but in ourselves."

"The Constitution was not made merely for the generation that then existed, but for posterity — unlimited, undefined, endless, perpetual posterity."

"To live under the American Constitution is the greatest political privilege that was ever accorded to the human race."

"Numbered among our population are some 12,000,000 colored people. Under our Constitution their rights are just as sacred as those of any other citizen. It is both a public and a private duty to protect those rights."

"The Constitution is the sole source and guaranty of national freedom."

"Our Constitution guarantees equal rights to all our citizens, without discrimination on account of race or color. I have taken my oath to support that Constitution. It is the source of your rights and my rights. I propose to regard it, and administer it, as the source of the rights of all the people, whatever their belief or race."

"If the Constitution of the United States be tyranny; if the rule that no one shall be convicted of a crime save by a jury of his peers; that no orders of nobility shall be granted; that slavery shall not be permitted to exist in any state or territory; that no one shall be deprived of life, liberty or property without due process of law; if these and many other provisions made by the people be tyranny, then the Supreme Court when it makes decisions in accordance with these principles of our fundamental law is tyrannical. Otherwise it is exercising the power of government for the preservation of liberty. The fact is that the Constitution is the source of our freedom. Maintaining it, interpreting it, and declaring it, are the only methods by which the Constitution can be preserved and our liberties guaranteed."

"It is a time for truth. It is a time for liberty. It is a time to reclaim the Constitution of the United States."

"The Constitution of the United States, in its essential spirit and intention, recognizes the essential manhood of Dred Scott as absolutely as it does that of the President, of the Chief Justice, or of any Senator of the United States... The Democratic Party then, as now, was in open alliance with slavery, in a conspiracy against the Constitution and the peace of the country."

"The Constitution is a delusion and a snare if the weakest and humblest man in the land cannot be defended in his right to speak and his right to think as much as the strongest in the land."

"The Constitution itself. Its language is 'we the people'. Not we the white people, not even we the citizens, not we the privileged class, not we the high, not we the low, but we the people. Not we the horses, sheep, and swine, and wheel-barrows, but we the people, we the human inhabitants. If Negroes are people, they are included in the benefits for which the Constitution of America was ordained and established. But how dare any man who pretends to be a friend to the Negro thus gratuitously concede away what the Negro has a right to claim under the Constitution?"

"The Constitution will afford slavery no protection when it shall cease to be administered by slaveholders. They see, moreover, that if there is once a will in the people of America to abolish slavery, this is no word, no syllable in the Constitution to forbid that result. They see that the Constitution has not saved slavery in Rhode Island, in Connecticut, in New York, or Pennsylvania; that the Free States have only added three to their original number. There were twelve Slave States at the beginning of the Government: there are fifteen now."

"It has often been suggested to me that the Constitution of the United States is a sufficient safeguard for the freedom of its citizens. It is obvious that even the freedom it pretends to guarantee is very limited. I have not been impressed with the adequacy of the safeguard. The nations of the world, with centuries of international law behind them, have never hesitated to engage in mass destruction when solemnly pledged to keep the peace; and the legal documents in America have not prevented the United States from doing the same. Those in authority have and always will abuse their power. And the instances when they do not do so are as rare as roses growing on icebergs. Far from the Constitution playing any liberating part in the lives of the American people, it has robbed them of the capacity to rely on their own resources or do their own thinking. Americans are so easily hoodwinked by the sanctity of law and authority. In fact, the pattern of life has become standardized, routinized, and mechanized like canned food and Sunday sermons."

"[T]he Constitution deliberately avoided the direct use of the word 'slavery' because, as James Madison explained, the Framers did not want to give express approval to the idea that there could be 'property in man'."

"Many of our constitutional rights as Americans have been revoked by judicial fiat, including the right to privacy. Corporate money floods political campaigns in the name of "free speech." The United States is a failed democracy and a mafia state, the natural result of what happens when capitalism is deregulated."

"Today, we understand the United States Constitution as the “supreme law of the land” as ratified through official public procedures. But in the 18th century, the term constitution more commonly referred to a whole way of life, as in the “ancient constitution” sometimes described as the unwritten source of English law. Tribal constitutions were described in similar terms; having a sachem who sold out the tribe was unconstitutional in the sense of being incompatible with the Mohegan way of life. Native constitutions were culturally embedded to a degree that the U.S. Constitution, which was purpose-built to govern a society of factions “actuated by different sentiments and views,” wasn’t. Historians are finally beginning to confront the hard fact that the U.S. Constitution rules over Native nations as a kind of imperial law. This is ironic, given the “anti-colonial” ambitions of the U.S. rebels against British rule."

"We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."

"All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."

"No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State."

"The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector."

"The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the .""