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Legal Theory Quotes

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"Scalia's version of originalism relied not on original intent but on original public meaning, which I think is beautiful."
"The right to property is not just the creation of government or of law; it is a natural right."
"The law is not just a bunch of letters that self-interpret on a sheet of paper, but it involves a human aspect."
"Respondents' inseverability theory would do violence to Congress's intent, invalidating hundreds of provisions that Congress chose to leave in place."
"Originalism is the search for the original meaning of provisions of the Constitution."
"Originalism actually favors more often the little guy because that's honoring the will of the people."
"She exemplifies the new legal process school."
"Critics call it Theocratic and authoritarianism; young conservatives call it an exciting new legal Theory: common good constitutionalism has emerged as a leading Contender to replace originalism as the dormant or dominant legal theory on the right."
"If you have a right to property, how is it ever justified to take it no matter what the use is?"
"The Constitution is not a suggestion, it's carefully laid out."
"The Constitution is a living, breathing document."
"Theoretical legal right to freedom of speech."
"Wouldn't it be wonderful if we lived in a world where rights protecting laws are superfluous?"
"You're gonna be at the lead of the nation's cutting edge work in legal theory, in agricultural technology."
"Presidential conduct, with both official and private character, is immune."
"Anything can be made a federal crime, if, in the course of the commission of the crime, the means of interstate communication or travel are used."
"The Constitution was meant to evolve, it's a living document."
"The constitution means what the founders intended it to mean, otherwise it means nothing."
"Circumstantial cases are just as as strong as direct evidence cases."
"Judge David Carter found that Donald Trump and John Eastman were engaged in a coup in search of a legal theory."
"If you can't charge a sitting president because that brings a stigma and burden to the presidency, then it makes sense that recommending charges would have the same effect."
"The Constitution does not need to be rewritten, it needs to be re-read."
"The Constitution was meant to be a living document."
"A free inhabitant is allowed of a U.S citizen without following any of their laws well that would just be pure energy"
"Imagine if this line of thought was applied to real legal matters."
"The constitution has mechanisms by which it could be changed because our founders understood it was a living, breathing document."
"If a law can be unconstitutional, then a Supreme Court ruling can also be unconstitutional."
"There's no such thing as one-size-fits-all transitional justice."
"Originalism is the antidote to judicial activism."
"The law cannot create an artificial man, but it can and frequently does invest him with artificial attributes. This is his personality which we see and by which we are affected."
"I think prosecutors always like a motive they always like to tell the jury the story of why this happened but the why certainly is not is not needed for a conviction it's not required by a statute murder statutes don't require the why"
"Abortion cannot just be theoretically legal; it has to be literally accessible."
"I don't think constitutions... they only work in the culture in which they're embedded."
"Sometimes you need the First Amendment to protect the Second Amendment. Sometimes you may need the Second Amendment to protect the First Amendment."
"They literally, they put it as an account, but going after the people who are willing to defend you or going after those who have a different theory of the law when there are questions about that law."
"At its core... more V Harper is about a dangerous and Arcane legal Theory."
"Every Constitution then and every law naturally expires at the end of 19 years."
"What better person to test a novel criminal theory than a former president of the United States of America?"
"How can there be a crime when there is no victim?"
"Critical race theory is a theory that Derek Bell and Kimberly Crenshaw and a bunch of former Harvard Law students came up with where they theorized that within certain American laws racism is just embedded."
"Sovereign citizens claim that it's part of U.S law and it was was it was part of the Articles of Confederation... Sovereign citizens do not exist and haven't for over 200 years."
"Originalism doesn't have to give us all the answers."
"Legal positivism has its name because of the word posit, the idea very very basically is that law is a social phenomenon... they're something that human beings have created or posited into existence with their behavior."
"An alternative approach was offered by legal scholar Raymond Westbrook who hypothesized the existence of a shared Eastern Mediterranean legal culture encompassing Greek, Roman, Hittite, Babylonian, Assyrian, and biblical legal traditions."
"The theory of law that we're going to get from Austin is fundamentally a behaviorist theory of law."
"He's going to rip this theory apart and there's going to be all sorts of phenomena that obviously exist in legal systems but that a theory like this... is never going to be able to explain."
"The Constitution is continually speaking... so it almost invites or mandates courts to see itself as developing the meaning."
"The monist theory... asserts that there is a relationship between national and international law, with international law being supreme."
"It seemed to undermine the prosecution's incriminating theory that there were several deliberately set fires."
"The common good concept and classical legal theory try to recover a sense of the ends to civil authority."
"The ninth amendment protects rights not enumerated in the Constitution."
"Corporations are not people; they're legal fictions, creatures of the state, born not of the womb, not of flesh and blood, but of the imagination of fabulous."
"Originalism is the only principle of constitutional interpretation that is consistent with the principle of a republican form of government."
"The mens rea of murder is malice aforethought."
"The evidence will show that the state's theory is based on speculation and inferences; it is not supported by the evidence."
"More popular is the second approach, which looks to the degree to which a defendant's conduct can be thought of as socially beneficial."
"Natural law theories... think that law is based on something beyond the legal system, and that is specifically morality."
"Originalism protects, or I guess honors, the original meaning of a thing at the time of its adoption or passage."
"Why have two systems? Is there any good reason to? Could we do just as well by using, let us say, the civil system to cover all of the things now covered by civil and criminal?"