quotes tagged with 'encroachment'

Opium and morphine are certainly dangerous, habit-forming drugs. But once the principle is admitted that it is the duty of the government to protect the individual against his own foolishness, no serious objections can be advanced against further encroachments … Is not the harm a man can inflict on his mind and soul even more disastrous than any bodily evils? Why not prevent him from reading bad books and bad plays, from looking at bad paintings and statues and from hearing bad music? The mischief done by bad ideologies, surely, is much more pernicious both for the individual and for the whole society, than that done by narcotic drugs.

Author: Ludwig von Mises, Source: Human ActionSaved by ImaWriterIII in drugs bad encroachment encroach ludwigvonmises 9 years ago[save this] [permalink]

Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.

Author: William Pitt, Source: 1783Saved by ImaWriterIII in freedom tyranny necessity encroachment creed encroach slaves williampitt 9 years ago[save this] [permalink]

Vices are simply the errors which a man makes in his search after his own happiness. Unlike crimes, they imply no malice toward others, and no interference with their persons or property.

Author: Lysander Spooner, Source: UnknownSaved by ImaWriterIII in liberty freedom tyranny happiness vice error crime encroachment lysanderspooner encroach interfere 9 years ago[save this] [permalink]

I cannot subscribe to the omnipotence of a state legislature, or that it is absolute and without control; although its authority should not be expressly restrained by the Constitution, or fundamental law, of the state. The nature, and ends of legislative power will limit the exercise of it. This fundamental principle flows from the very nature of our free Republican governments, that no man should be compelled to do what the laws do not require, nor to refrain from acts which the laws permit. There are acts which the Federal, or State, Legislature cannot do, without exceeding their authority. There are certain vital principles in our free Republican governments, which will determine and overrule an apparent and flagrant abuse of legislative power; as to authorize manifest injustice by positive law; or to take away that security for personal liberty, or private property, for the protection whereof the government was established. An Act of the legislature (for I cannot call it a law) contrary to the great first principles of the social compact, cannot be considered a rightful exercise of legislative authority. The obligation of a law in governments established on express compact, and on republican principles, must be determined by the nature of the power, on which it is founded. A few instances will suffice to explain what I mean. A law that punishes a citizen for an innocent action, or, in other words, for an act, which, when done, was in violation of no existing law; a law that destroys, or impairs, the lawful private contracts of citizens; a law that makes a man a judge in his own cause; or a law that takes property from A and gives it to B. It is against all reason and justice for a people to intrust a Legislature with such powers; and, therefore, it cannot be presumed that they have done it. The genius, the nature and the spirit, of our State Government, amount to a prohibition of such acts of legislation; and the general principles of law and reason forbid them. The legislature may enjoin, permit, forbid, and punish; they may declare new crimes, and establish rules of conduct for all its citizens in future cases; they may command what is right, and prohibit what is wrong; but they cannot change innocence into guilt; or punish innocence as a crime; or violate the right of an antecedent lawful private contract; or the right of private property. To maintain that our Federal, or State, Legislature possesses such powers, if they had not been expressly restrained, would, in my opinion, be a political heresy altogether inadmissible in our free republican governments.

Author: Justice Chase, Source: opinion in Calder v. Bull, 3 Dallas 386-389 (1798).Saved by ImaWriterIII in constitution government legislature properroleofgovernment encroachment judges courtopinion courts 9 years ago[save this] [permalink]

Constitutional provisions for the security of person and property should be liberally construed. It is the duty of the courts to be watchful of constitutional rights against any stealthy encroachments thereon.

Author: Boyd v. U.S., Source: Boyd v. U.S., 116 U.S. 635.Saved by ImaWriterIII in constitution government properroleofgovernment encroachment courtopinion 9 years ago[save this] [permalink]

This balance between the National and State governments ought to be dwelt on with peculiar attention, as it is of the utmost importance. It forms a double security to the people. If one encroaches on their rights they will find a powerful protection in the other. Indeed, they will  both be prevented from overpassing their constitutional limits by a certain rivalship, which will ever subsist between them.

Author: Alexander Hamilton, Source: remarks to the New York Ratifying Convention, 1788Saved by ImaWriterIII in constitution government security AlexanderHamilton encroachment 9 years ago[save this] [permalink]

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