The Constitution is a pantheon of values, and a lot of hard cases are hard because the Constitution gives no simple rule of decision for the cases in which one of the values is truly at odds with another.
David SouterRead
The Constitution is no simple contract, not because it uses a certain amount of open-ended language, but because its language grants and guarantees many good things, and good things that compete with each other and can never all be realized, altogether, all at once.
Interpretation
The Constitution is complex due to its guarantees of competing rights and values.
David Souter's quote emphasizes that the U.S. Constitution is not merely a straightforward agreement; its intricate language embodies a multitude of rights and principles that can sometimes conflict with each other. This complexity requires careful interpretation and understanding, as fully realizing all the good things it promises simultaneously is an impossible task.
In practice
In a discussion about the importance of constitutional rights during a public forum.
The Constitution is a pantheon of values, and a lot of hard cases are hard because the Constitution gives no simple rule of decision for the cases in which one of the values is truly at odds with another.
For those whose exclusive norm of constitutional judging is merely fair reading of language applied to facts objectively viewed, 'Brown' must either be flat-out wrong or a very mystifying decision.
The language of the Constitution's guarantee of equal protection of the laws did not change between 1896 and 1954, and it would be very hard to say that the obvious facts on which 'Plessy' was based had changed.
There is a danger to judicial independence when people have no understanding of how the judiciary fits into the constitutional scheme.
We ought not to listen to those who exhort us, because we are human, to think of human things....We ought rather to take on immortality as much as possible, and do all that we can to live in accordance with the highest element within us; for even if its bulk is small, in its power and value it far exceeds everything.
I call him religious who understands the suffering of others.
This is one of their [the Christians'] rules. Let no man that is learned, wise, or prudent come among us: but if they be unlearned, or a child, or an idiot, let him freely come. So they openly declare that none but the ignorant, and those devoid of understanding, slaves, women, and children, are fit disciples for the God they worship.
You cannot shake hands with a clenched fist.
Our swords shall play the orators for us.
When we dehumanise and demonise our opponents, we abandon the possibility of peacefully resolving our differences, and seek to justify violence against them.
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