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The Federalist Papers, as a foundation text of constitutional interpretation, are frequently cited by U.S. jurists, but are not law. Of all the essays, No. 78 is the most cited by the justices of the United States Supreme Court. Federalist No. 78 quotes Montesquieu: "Of the three powers [...], the judiciary is next to nothing." There was little ...
The idea of a law of ultimate justice over and above the momentary law of the state—a higher law—was first introduced into post-Roman Europe by the Catholic canon law jurists. [3] "Higher law" can be interpreted in this context as the divine or natural law or basic legal values, established in the international law—the choice depending on ...
The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to the written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the ends to the means. [1] [2]
We have said that no one is above the law. Justice must turn on the law and the facts, on what the defendant at bar did or didn’t do, not on who he is. Not today.
Now Trump is asking them to rule that one of the fundamental tenets of the American system of government — that no person is above the law -- should be rejected as well, at least as it applies ...
In an unsparing dissent, Justice Sonia Sotomayor said the Supreme Court allowed a president to become a “king above the law” in its ruling that limited the scope of criminal charges against ...
(2) The power of the state serves all citizens and can be only applied in cases, under limitations and through uses specified by a law. (3) Every citizen can do anything that is not forbidden by the law, and no one can be forced to do anything that is not required by a law. The same principles are reiterated in the Czech Bill of Rights, Article 2.
No one is above the law in this country, not even the president. So the 14th Amendment needs to be followed if the Constitution is to be respected by its own people.