Lawyers From The United States

"Justice Blackmun begins his statement [declaring Blackmun's opposition to capital punishment] by describing with poignancy the death of a convicted murderer by lethal injection. He chooses, as the case in which to make that statement, one of the less brutal of the murders that regularly come before us, the murder of a man ripped by a bullet suddenly and unexpectedly, with no opportunity to prepare himself and his affairs, and left to bleed to death on the floor of a tavern. The death-by-injection which Justice Blackmun describes looks pretty desirable next to that. It looks even better next to some of the other cases currently before us, which Justice Blackmun did not select as the vehicle for his announcement that the death penalty is always unconstitutional, for example, the case of the 11-year-old girl raped by four men and then killed by stuffing her panties down her throat. See McCollum v. North Carolina. How enviable a quiet death by lethal injection compared with that!"

"'Abusive' (or 'hostile,' which in this context I take to mean the same thing) does not seem to me a very clear standard - and I do not think clarity is at all increased by adding the adverb objectively or by appealing to a reasonable person's notion of what the vague word means."

"As to the Court's invocation of the Lemon test: Like some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried, Lemon stalks our Establishment Clause jurisprudence once again, frightening the little children and school attorneys of Center Moriches Union Free School District. Its most recent burial, only last Term, was, to be sure, not fully six feet under: Our decision in Lee v. Weisman conspicuously avoided using the supposed test but also declined the invitation to repudiate it. Over the years, however, no fewer than five of the currently sitting Justices have, in their own opinions, personally driven pencils through the creature's heart (the author of today's opinion repeatedly), and a sixth has joined an opinion doing so. The secret of the Lemon test's survival, I think, is that it is so easy to kill. It is there to scare us (and our audience) when we wish it to do so, but we can command it to return to the tomb at will. Such a docile and useful monster is worth keeping around, at least in a somnolent state; one never knows when one might need him."

"I frankly doubt, moreover, whether the fiercely proud men who adopted our Fourth Amendment would have allowed themselves to be subjected, on mere suspicion of being armed and dangerous, to such indignity."

"The Court's reliance upon stare decisis can best be described as contrived. It insists upon the necessity of adhering not to all of Roe, but only to what it calls the 'central holding.' It seems to me that stare decisis ought to be applied even to the doctrine of stare decisis, and I confess never to have heard of this new, keep-what-you-want-and-throw-away-the-rest version."

"I find it a sufficient embarrassment that our Establishment Clause jurisprudence regarding holiday displays has come to 'require[e] scrutiny more commonly associated with interior decorators than with the judiciary'. But interior decorating is a rock hard science compared to psychology practiced by amateurs."

"In Barnette, we held that a public school student could not be compelled to recite the Pledge; we did not even hint that she could not be compelled to observe respectful silence. . . . Logically, that ought to be the next target for the Court's bulldozer."

"The Court's statement that it is 'tempting' to acknowledge the authoritativeness of tradition in order to 'curb the discretion of federal judges' is, of course, rhetoric rather than reality; no government official is 'tempted' to place restraints upon his own freedom of action, which is why Lord Acton did not say 'Power tends to purify.' The Court's temptation is in the quite opposite and more natural direction -- towards systematically eliminating checks upon its own power; and it succumbs."

"I think [that] '[t]he judicial Power of the United States' conferred upon this Court 'and such inferior courts as Congress may establish', must be deemed to be the judicial power as understood by our common-law tradition. That is the power 'to say what the law is', Marbury v. Madison, 1 Cranch 137, 177 (1803), not the power to change it."

"Life is too short to pursue every human act to its most remote consequences; "for want of a nail, a kingdom was lost" is a commentary on fate, not the statement of a major cause of action against a blacksmith."

"Perhaps the dissenters believe that 'offense to others' ought to be the only reason for restricting nudity in public places generally. . . . The purpose of Indiana's nudity law would be violated, I think, if 60,000 fully consenting adults crowded into the Hoosierdome to display their genitals to one another, even if there were not an offended innocent in the crowd."

"A right is not what someone gives you; it's what no one can take from you."

"A great many people in this country are worried about law-and-order. And a great many people are worried about justice. But one thing is certain: You cannot have either until you have both."

"There are few better measures of the concern a society has for its individual members and its own well being than the way it handles criminals."

"The measure of your quality as a public person, as a citizen, is the gap between what you do and what you say."

"It is likely that well before Clark took his bizarre positions in support of highly repressive, violent, and intolerant political systems and their leaders, he came to the conclusion that the United States was the most dangerous and reprehensible source of evil in the world. This overarching belief led to the reflexive sympathy and support for all the enemies and alleged victims of the United States. They include dictators of different ideological persuasion noted above, whose inhumane qualities and policies Clark was unable to discern or acknowledge, let alone condemn. It was sufficient for Clark's moral accounting that if these dictators were opposed to (and allegedly victimized by) the United States, they deserved and earned his sympathy.""

"Mr. Clark often told voters what they did not want to hear. He advocated gun control legislation in speeches to hunters and told defense industry workers that their plants should be closed... Mr. Clark was the author or co-author of several books, including “The Fire This Time: U.S. War Crimes in the Gulf” (1992) and “The Torturer in the Mirror” (2010)... He was also one of the most quotable public figures of his generation, many of his pronouncements tending toward aphoris.."

"Ramsey Clark, who championed civil rights and liberties as attorney general in the Johnson administration, then devoted much of the rest of his life to defending unpopular causes... died on Friday at his home in Manhattan. He was 93... Mr. Clark... shunned a government limousine in favor of his own beat-up Oldsmobile, set an ambitiously liberal course as attorney general.. He filed the first lawsuit to force a school district — Dale County, Ala. — to desegregate or else lose its federal school aid. He went on to file the first voting rights and school desegregation suits in the North.... He oversaw the drafting of the landmark Civil Rights Act of 1968 — better known as the Fair Housing Act — which addressed housing discrimination... Mr. Clark went into private legal practice and soon devoted more and more of his time to representing the disadvantaged and the unpopular, including Alaskan Natives, war resisters, rioters at the Attica prison in New York State and Lyndon LaRouche... In 1972...Mr. Clark... publicly criticized American conduct of the [Vietnam] war. ... In 2011, he condemned NATO’s bombing campaign against Qaddafi’s government. In 2013, he said Iran had no intention of building a nuclear bomb and denounced sanctions against that country. Later, he protested lethal attacks by unmanned American drone aircraft on other nations... In 2008, the United Nations General Assembly awarded Mr. Clark its Prize in the Field of Human Rights, which it gives every five years to human rights defenders."

"I think we're destroying higher education by making it high-tech rather than high-humanity. What we need to do is realize that we now have the capacity to produce more than we need with fewer and fewer people working at it. We need to spend more time on the humanitarian side of how we live together in peace, how we learn to love each other, how we benefit from studying different cultures and different histories, and enriching ourselves as individuals that way, rather than just pressing for money and fame... It's a dead-end road that will destroy us. We don't need all those jobs, you know. We need to build a public throughout the world that has a better understanding of fundamental values, and history, and culture, and not in high-tech manufacturing of unnecessary necessities."

"He (Saddam) had this huge war going on, and you have to act firmly when you have an assassination attempt."

"There can't be any more Fallujahs. Fallujah is the 21st century equivalent of Guernica. We just went in and destroyed that city, drove the people out, killed them, thousands. We don't know how many."

"The world is the most dangerous place it's ever been now because of what our country has done, and is doing, and we have to take it back."

"Abu Ghraib is unbelievable in the innocent times of 1961, that we would torture people that way, and on the instructions of the president of the United States and his highest legal advisers. “Torture is OK,” they said. “Go for it, fellas.” If we can’t renounce that and remove it from office, then the Constitution doesn’t work anymore... We’ve got to do more than take back the Constitution. There has to be accountability for what’s happened. The Constitution says that the president, vice president and other officials of the United States shall be removed from office upon impeachment for and conviction of high crimes and misdemeanors.... If you care about the Constitution, you better start talking to your member of the House of Representatives and say impeachment now is essential to the integrity of the United States government and to the future of the United States. We’ve had more than 500,000 people sign on “Vote to Impeach.” We need to get 5 million, and we need to get 5 million on there quick. And then the Congress will react."

"You know, the Nuremberg Tribunal called the war of aggression the supreme international crime, and it is. And George W. Bush has waged a war of aggression against Iraq. He’s killed more than 100,000 people. Are their lives worth nothing? Can we have a moment of silence in memory of all the people who have died in Iraq because of the criminal acts of George W. Bush in waging this war of aggression? Every moment of their lives is fraught with danger right now because of us. The world is the most dangerous place it’s ever been now because of what our country has done, and is doing, and we have to take it back. We can’t wait four more years. There can’t be any more Fallujahs. Fallujah is the 21st century equivalent of Guernica. We just went in and destroyed that city, drove the people out, killed them, thousands. We don’t know how many. They won’t even bother to count who’s been killed or how many, or estimate how many. They just keep killing. Almost every day we’re reading about another checkpoint where some family got wiped out because they didn’t do what they were supposed to do, according to the military there."

"American aggression had already created incalculable levels of “misery for the world”; that “the poor of the planet made poorer, dominated and exploited by the foreign policies of the U.S. and its rich allies;” that “the U.S. invasion of Iraq was a war of aggression, an offense called ‘the supreme international crime’ in the Nuremberg Judgment."

"What is to be said of leaders with the mental acuity and moral perceptions revealed by these disclosed words and deeds? They are at best enemies of life without understanding. Psychologically, they disconnect all feeling for the beauty of the planet — a rose, an impala in motion, a baby’s hand, a Confucian analect, a Bach cantata, a parable of Jesus, pilgrims bathing in the Ganges, a crowd watching a soccer game in Rio, the subway in Moscow, the skyline in Manhattan. They cannot think or feel about the human meaning of what they do.,, A single Trident II submarine can inflict more death than all prior wars in history. Twenty-four missiles, launched while submerged, each with seventeen independently targeted, maneuverable nuclear warheads five times more powerful than the atom bomb that destroyed Nagasaki, can travel 5,000 nautical miles to strike within 300 feet of 408 predetermined targets. Nuclear winter might follow even if no other weapons are used. No nation or individual can be permitted to possess the power to destroy the world. An imperative need is for an informed and active public struggling for its right to survive. Public ignorance and apathy is “as much a concern for survival of the species as the unthinkable power to destroy the world wielded by a few men in a mindless manner”"

"The consistent underlying psychology of the United States, which has held the lead in nuclear war capability and capacity throughout these 40 [now 75] years, should be understandable to anyone who has ever known a violent neighborhood bully. The government of Americans means to have its way through the use and threatened to use of superior force. It will lie. It will deceive. It will kill. It will escalate the threat and use of force to the highest level it dares. It will bluff, dangerous as that can be. It will do whatever is must to dominate. It does this in the face of the fact that its very preparation for a nuclear war may destroy all life. American war planners busily devised strategies for crippling the Soviet Union with revealing names like BROILER, FROLIC, SIZZLE, SHAKEDOWN, DROPSHOT, and VULTURE. The number of Soviet targets to be destroyed grew in number from 20 cities in December 1945 to 200 cities in 1949 and to 3261 total targets by 1957. The number of times the use of nuclear weapons has been contemplated by Americans is unbearable."

"Show me that age and country where the rights and liberties of the people were placed on the sole chance of their rulers being good men, without a consequent loss of liberty?"

"When this country here was first being founded there were 13 colonies. The whites were colonized. They were fed up with this taxation without representation, so some of them stood up and said “Liberty or death.” Though I went to a white school over here in Mason, Michigan, the white man made the mistake of letting me read his history books. He made the mistake of teaching me that Patrick Henry was a patriot, and George Washington -- wasn’t nothing nonviolent about old Pat or George Washington. “Liberty or death” was what brought about the freedom of whites in this country from the English. They didn't care about the odds. Why they faced the wrath of the entire British Empire. And in those days they used to say that the British Empire was so vast and so powerful when the sun would never set on them. This is how big it was, yet these 13 little, scrawny states, tired of taxation without representation, tired of being exploited and oppressed and degraded, told that big British Empire “Liberty or death.” And here you have 22 million Afro-American black people today catching more hell than Patrick Henry ever saw. And I'm here to tell you, in case you don't know it, that you got a new generation of black people in this country who don't care anything whatsoever about odds. They don't want to hear you old Uncle Tom handkerchief heads talking about the odds. No. This is a new generation. If they're gonna draft these young black men and send them over to Korea or South Vietnam to face 800 million Chinese — if you're not afraid of those odds, you shouldn't be afraid of these odds."

"As the 18th century progressed toward revolution in the Virginia Commonwealth, the language of freedom and individual rights had appealing religious meanings for the audiences of Samuel Davies and appealing political meanings for the audiences of Patrick Henry."

"Samuel Davies was one of the most influential of all 18th century Virginians, in that his legal preaching gave increasing credibility to Presbyterians throughout all of central Virginia. He was an impassioned orator, often addressing outdoor congregations that numbered hundreds of souls. Patrick Henry's mother regularly brought her young son to Hanover County's Polegreen Meetinghouse to hear Davis' sermons. Nearly all of Henry's biographers mention Samuel Davies as a prominent influence on this young man's oratorical development, which was something which Henry also admitted shortly before his death, crediting this preacher with "teaching me what an orator should be.""

"Patrick Henry was an inveterate and voracious engrosser of land lying beyond the deadline set by the British State [i.e., the Royal Proclamation of 1763 which prohibited English colonists from settling west of the Appalachian Mountains]; later he was heavily involved in the affairs of one of the notorious Yazoo companies, operating in Georgia. He seems to have been most unscrupulous. His company's holdings in Georgia, amounting to more than ten million acres, were to be paid for in Georgia scrip, which was much depreciated. Henry bought up all these certificates that he could get his hands on, at ten cents on the dollar, and made a great profit on them by their rise in value when Hamilton put through his measure for having the central government assume the debts they represented. Undoubtedly it was this trait of unrestrained avarice which earned him the dislike of Mr. Jefferson, who said, rather contemptuously, that he was "insatiable in money.""

"While new American leaders such as George Washington, Patrick Henry, and Benjamin Franklin studied the Haudenosaunee government, they also engaged in land speculation over territory held by these peoples, and Mohawk lands were ceded through force, coercion, and deceit until fewer than 14,600 acres remained in New York State."

"One of his neighbors going to see him found him reading the Bible. Holding it up in his hand, he said: "This book is worth all the books that ever were printed, and it has been my misfortune that I have never found time to read it with the proper attention and feeling till lately. I trust in the mercy of Heaven that it is not yet too late.""

"We should not forget that the spark which ignited the American Revolution was caused by the British attempt to confiscate the firearms of the colonists."

"The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government — lest it come to dominate our lives and interests."

"There is an insidious campaign of false propaganda being waged today, to the effect that our country is not a Christian country but a religious one—that it was not founded on Christianity but on freedom of religion. It cannot be emphasized too clearly and too often that this nation was founded, not by "religionists", but by Christians—not on religion, but on the Gospel of Jesus Christ. For this very reason, peoples of other faiths have been afforded asylum, prosperity, and freedom of worship here."

"That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other."

"It is vain, sir, to extenuate the matter. Gentlemen may cry, Peace, peace! But there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!"

"Besides, sir, we have no election. If we were base enough to desire it, it is now too late to retire from the contest. There is no retreat but in submission and slavery! Our chains are forged! Their clanking may be heard on the plains of Boston! The war is inevitable—and let it come! I repeat it, sir, let it come."

"They tell us, sir, that we are weak; unable to cope with so formidable an adversary. But when shall we be stronger? Will it be the next week, or the next year? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house? Shall we gather strength by irresolution and inaction? Shall we acquire the means of effectual resistance by lying supinely on our backs and hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot? Sir, we are not weak if we make a proper use of those means which the God of nature hath placed in our power. Three millions of people, armed in the holy cause of Liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us. The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave."

"There is no longer any room for hope. If we wish to be free—if we mean to preserve inviolate those inestimable privileges for which we have been so long contending—if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained—we must fight! I repeat it, sir, we must fight! An appeal to arms and to the God of hosts is all that is left us!"

"Are fleets and armies necessary to a work of love and reconciliation? Have we shown ourselves so unwilling to be reconciled that force must be called in to win back our love? Let us not deceive ourselves, sir. These are the implements of war and subjugation; the last arguments to which kings resort."

"I have but one lamp by which my feet are guided, and that is the lamp of experience. I know no way of judging of the future but by the past."

"It is natural for man to indulge in the illusions of hope and pride. We are apt to shut our eyes against a painful truth, and listen to the song of that siren till she transforms us into beasts. Is this the part of wise men, engaged in a great and arduous struggle for liberty? Are we disposed to be the number of those who, having eyes, see not, and having ears, hear not, the things which so nearly concern their temporal salvation? For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth; to know the worst, and to provide for it."

"The question before the House is one of awful moment to this country. For my own part, I consider it as nothing less than a question of freedom or slavery; and in proportion to the magnitude of the subject ought to be the freedom of the debate. It is only in this way that we can hope to arrive at truth, and fulfill the great responsibility which we hold to God and our country. Should I keep back my opinions at such a time, through fear of giving offense, I should consider myself as guilty of treason towards my country, and of an act of disloyalty toward the Majesty of Heaven, which I revere above all earthly kings."

"Let us trust God and our better judgment to set us right hereafter. United we stand, divided we fall. Let us not split into factions which must destroy that union upon which our existence hangs. Let us preserve our strength for the French, the English, the Germans, or whoever else shall dare invade our territory, and not exhaust it in civil commotions and intestine wars."

"This is all the inheritance I can give to my dear family. The religion of Christ can give them one which will make them rich indeed."

"If she chuses to set free one or two of my slaves she is to have full power to do so."

"With respect to subsequent amendments, proposed by the worthy member, I am distressed when I hear the expression. It is a new one altogether, and such a one as stands against every idea of fortitude and manliness in the states, or any one else. Evils admitted in order to be removed subsequently, and tyranny submitted to in order to be excluded by a subsequent alteration, are things totally new to me. . . . I ask, does experience warrant such a thing from the beginning of the world to this day? Do you enter into a compact first, and afterwards settle the terms of the government?"