SOLON & other law commentary

Solon (594 B.C.), when asked how social justice could be achieved in Athens, said, "We can have justice whenever those who have not been injured by injustice are as outraged by it as those who have been."


National injustice is the surest road to national downfall. William E. Gladstone (1809-1898) English statesman


Any man who has the brains to think and the nerve to act for the benefit of the people of the country is considered a radical by those who are content with stagnation and willing to endure disaster. William Randolph Hearst (1863-1951) American newspaper publisher.


"The common law is not a brooding omnipresence in the sky but the articulate voice of some sovereign or quasi sovereign that can be identified..."
HOLMES, J., (dissenting), Southern Pacific Co. v. Jensen (1917) 244 US 205, 222, 61 LEd 1086, 1101, 37 S Ct 524


Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety. Benjamin Franklin, 20 years before the Bill of Rights


There are a thousand hacking at the branches of evil to one who is striking at the root. Walden, Henry David Thoreau (1817-1862)


A republic is not an easy form of government to live under, and when the responsibility of citizenship is evaded, democracy decays and authoritarianism takes over. Earl Warren, "A Republic, If You Can Keep It", p 13


The only protection of every citizen from such deprivation of rights is a strict adherence to the Bill of Rights by everyone for everyone. This should be self-evident but the danger of erosion of rights stems largely from the fact that so many citizens of the majority, who have never been deprived of any of these rights, find it difficult to understand what the deprivation of them means in the lives of others." Earl Warren, "A Republic, If You Can Keep It", p. 48


The Constitution of the U.S.S.R., adopted in 1936, and as amended in 1965, contains the following provisions:

"Article 125. In conformity with the interests of the working people, and in order to strengthen the Socialist system, the citizens of the U.S.S.R. are guaranteed by law; (a) freedom of speech; (b) freedom of the press; (c) freedom of assembly including the holding of mass meetings; (d) freedom of street expressions and demonstrations."

"Article 124. In order to ensure to citizens freedom of conscience, the church in the U.S.S.R. is separated from the state, and the school from the church. Freedom of religious worship and freedom of antireligious propaganda is recognized for all citizens."

"Article 127. Citizens of the U.S.S.R. are guaranteed inviolability of the person. No person shall be placed under arrest except by decision of a court of law or with the sanction of a procurator."

"Article 122. Women in the U.S.S.R. are accorded all rights on an equal footing with men in all spheres of economic, government, culture, politics and other social activity."

"Article 123. Equality of rights of citizens of the U.S.S.R., irrespective of their nationality or race in all spheres of economic, government, culture, politics and other social activity is an indefeasible law."

How similar these sections are to our Bill of Rights, with its guarantees of freedom of speech, of the press, of association, of the right to petition the government, the right to be free from unreasonable searches and seizures. Yes, how similar these constitutional privileges are, but how different the quality and the reality of the life of the two peoples living under them.

The reason, of course, is apparent. In the U.S.S.R. the government is supreme and omnipresent in every respect, with the rights of individuals subordinated to it. The people have no way to enforce the language of their Constitution. Most of the declared freedoms are inaccessible to them.

In the United States the people are sovereign. The powers of the government are only those delegated to it by the people. The democratic process, by definition, is one in which "The supreme power is vested in the people and exercised by them or by their elected agents under a free electoral system."

Earl Warren, "A Republic, If You Can Keep It", pp. 60-61


"Dissent," then, should be an honored word, and all citizens should be encouraged to engage in it. The opposite of dissent is conformity, and nothing could be more deadly than to have conformity for the sake of conformity. Earl Warren, "A Republic, If You Can Keep It", pp. 104


Power concedes nothing without a demand. It never did, and it never will. Find out just what people will submit to, and you have found out the exact amount of injustice and wrong which will be imposed upon them, and these will continue till they have resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they suppress. Frederick Douglass


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