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I frankly doubt, moreover, whether the fiercely proud men who adopted our Fourth Amendment would have allowed themselves to be subjected, on mere suspicion of being armed and dangerous, to such indignity.
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A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy.
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Laws prohibiting sodomy do not seem to have been enforced against consenting adults acting in private... I do not know what 'acting in private' means; surely consensual sodomy, like heterosexual intercourse, is rarely performed on stage.
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Among the questions considered nonjusticiable is the definition of an impeachable offense. Whatever Congress says is an impeachable offense is an impeachable offense.
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I don't think it's a living document, I think it's dead. More precisely, I think it's enduring. It doesn't change. I think that needs to be orthodoxy.
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It is one of the unhappy incidents of the federal system that a self-righteous Supreme Court, acting on its Members' personal view of what would make a 'more perfect Union' (a criterion only slightly more restrictive than a 'more perfect world') can impose its own favored social and economic dispositions nationwide.