Constitutional Doctrine Quotes

The tenet of the separation of church and state is an unconstitutional doctrine.

When Pat Robertson says there is no constitutional doctrine of separation of church and state, I say he is wrong.

The doctrine of states’ rights was itself a sound and true doctrine; as a starting point of American history and constitutional law there is no other which will bear a moment’s examination ... its prostitution to the base uses of the slave power was one of those unfortunate enlargements which often perturb and mislead history

To consider judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.

Under the doctrine of separation of powers, the manner in which the president personally exercises his assigned executive powers is not subject to questioning by another branch of government.

One might plausibly contend that Congress violates the spirit, if not the letter, of the constitutional doctrine of separation of powers when it exonerates itself from the impositions of the laws it obligates people outside the legislature to obey.

As a matter of traditional and sound constitutional doctrine, an amendment to the Constitution should be the last resort when all other measures have proved inadequate.

I don't think the Constitution is studied almost anywhere, including law schools. In law schools, what they study is what the court said about the Constitution. They study the opinions. They don't study the Constitution itself.

It is impossible to build sound constitutional doctrine upon a mistaken understanding of Constitutional history... The establishment clause has been expressly freighted with Jefferson's misleading metaphor for nearly forty years... There is simply no historical foundation for the proposition that the framers intended to build a wall of separation... The recent court decisions are in no way based on either the language or intent of the framers.

The majority opinions [of the Supreme Court] determined the cases but these dissenting opinions will determine the minds of the future.

Nothing has yet been offered to invalidate the doctrine that the meaning of the Constitution may as well be ascertained by the Legislative as by the Judicial authority.

The physical power to get the money does not seem to me a test of the right to tax. Might does not make right even in taxation. To hold that what the use of official authority may get the state may keep, and that if it cannot get hold of a nonresident stockholder it may hold the company as hostage for him, is strange constitutional doctrine to me.