William Henry Moody Quotes


It does not follow … that a procedure settled in English law at the time of the emigration, and brought to this country and practiced by our ancestors, is an essential element of due process of law. If that were so, the procedure of the first half of the 17th century would be fastened upon the American jurisprudence like a straightjacket, only to be unloosed by constitutional amendment


Context

Some of the “originalist” judges like Antonin Scalia believe that the “straightjacket” was what was intended by the originators of the Constitution and this was a good thing.


Citations

William Henry Moody, 1853-1917, U. S. Congressman (Republican, MA), U. S. Supreme Court Justice, Twining v New Jersey, 1908

Sourced by: Eigen's Political and Historical Quotations

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Then, as now, there were some who claimed there should be a larger role for Christianity in American law and governance. One such view in the first half of the 19th century was that whatever was unspecified in the Constitution deferred to the common law. England had an official state Christian church and therefore Christianity must have been a part of English common law and hence should be a significant part of American law and governance. Jefferson was one of the many leaders who refuted the notion by pointing out that the common law in England predated Christianity.


William Henry Moody
William Henry Moody
  • Born: December 23, 1853
  • Died: July 2, 1917
  • Nationality: American
  • Profession: Politician

William Henry Moody was an American politician and jurist who held positions in all three branches of the Government of the United States.