„In a very real sense, the Constitution is our compact with history... [but] the Constitution can maintain that compact and serve as the lodestar of our political system only if its terms are binding on us. To the extent we depart from the document's language and rely instead on generalities that we see written between the lines, we rob the Constitution of its binding force and give free reign to the fashions and passions of the day.“

—  Alex Kozinski, A. Kozinski & J.D. Williams, It Is a Constitution We Are Expounding: A Debate, 1989 Utah L. Rev. 978, at 980. http://notabug.com/kozinski/immortalphrase.
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Alex Kozinski8
American judge 1950

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„By following up this idea, also, we might go a little further. We might arrive at the conviction that our present science is human, petty, and contingent; that it is closely linked with the structure of our sensory organs; that this structure results from the evolution which fashioned these organs; that this evolution has been an accident of history; that in the future it may be different; and that, consequently, by the side or in the stead of our modern science, the work of our eyes and hands—and also of our words—there might have been constituted, there may still be constituted, sciences entirely and extraordinarily new—auditory, olfactory, and gustatory sciences, and even others derived from other kinds of sensations which we can neither foresee nor conceive because they are not, for the moment, differentiated in us. Outside the matter we know, a very special matter fashioned of vision and touch, there may exist other matter with totally different properties. …We must, by setting aside the mechanical theory, free ourselves from a too narrow conception of the constitution of matter. And this liberation will be to us a great advantage which we shall soon reap. We shall avoid the error of believing that mechanics is the only real thing and that all that cannot be explained by mechanics must be incomprehensible. We shall then gain more liberty of mind for understanding what the union of the soul with the body may be.“

—  Alfred Binet French psychologist and inventor of the first usable intelligence test 1857 - 1911
The Mind and the Brain, 1907, p. 43

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„One can conclude that certain essential, or fundamental, rights should exist in any just society. It does not follow that each of those essential rights is one that we as judges can enforce under the written Constitution. The Due Process Clause is not a guarantee of every right that should inhere in an ideal system. Many argue that a just society grants a right to engage in homosexual conduct. If that view is accepted, the Bowers decision in effect says the State of Georgia has the right to make a wrong decision — wrong in the sense that it violates some people's views of rights in a just society. We can extend that slightly to say that Georgia's right to be wrong in matters not specifically controlled by the Constitution is a necessary component of its own political processes. Its citizens have the political liberty to direct the governmental process to make decisions that might be wrong in the ideal sense, subject to correction in the ordinary political process.“

—  Anthony Kennedy Associate Justice of the Supreme Court of the United States 1936
[Unenumerated Rights and the Dictates of Judicial Restraint, Address to the Canadian Institute for Advanced Legal Studies, Stanford University. Palo Alto, California., http://web.archive.org/web/20080627022153/http://www.andrewhyman.com/1986kennedyspeech.pdf, 24 July 1986 to 1 August 1986, 13] (Also quoted at p. 443 of Kennedy's 1987 confirmation transcript http://www.gpoaccess.gov/congress/senate/judiciary/sh100-1037/browse.html).

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