Harold Hongju Koh Quotes

Marie Joseph Paul Yves Roch Gilbert du Motier

Most politicians and philosophers would argue that liberty is both an individual right and a group right. However there are money who do not recognize group rights and feel that they are inimical to individual rights.

This is a very important political, historical, and philosophical quotation. This is a view that is very common amongst many Americans—especially those who are religious. As a factual matter, it is not clear that ALL the founding fathers personally believed in the creator--God. All the views have never been discerned. However it is almost certain that the majority of the Founders so believed. The complication with taking this viewpoint too literally is that while our rights may have come from God, it is men who determined exactly what rights would be enumerated on our constitution. For example. the original draft of the Constitution did not include, the right to a free press, the right of due process, the right of being free from religious compulsion and others. Yet it passed. Then other men and women wanted more rights added and the Constitution was ratified on condition that the Bill or Rights would be incorporated as the first 10 amendments. There were other rights that were not explicitly mentioned. For example, there is no right to an education mentioned in the Constitution or any of the amendments. Blacks had no rights until additional amendments were passed. And later there was an amendment that denied Americans the right to drink alcohol. Then another that gave the rights back. There are rights that other nations have which we do not—ie the right to medical care. Which if these did God grant and which, not? So even if we assume that every one of the founding fathers not only believed in God, but believed the rights were all God given, we would still be in the practical dilemma of having to specify the language of each right and always to, by amendment, adding additional rights or modifying or even deleting older rights. Many believe that Americans were divinely inspired when we added (or changed) rights. Others, not. However, regardless, we must go through the same procedures of enumerating American rights and amending the constitution. So the process is the same for both those who believe that our rights come from God and those who do not. To change rights, we need the action of Americans divinely inspired or otherwise, but they can and have been changed. For example, before 1963 Americans did not have a right to use birth control devices. After the Supreme Court Griswald v. Conn. We did and now have a right to use birth control devices. The mode that rights are manifested, defined, enumerated and implemented is a political one—one that in our American system allows us all to implement that system whether or not we believe that our rights come from our Creator.

First woman elected to Congress

Jefferson and some of the other Founding Fathers saw the American experiment as having implications for the whole world. To Jefferson, the Declaration of Independence was not just for Americans but ideally for all mankind.

Hayward claimed that Wilson was the first American President who ever criticized the American Constitution. Many do not agree as Madison and Jefferson in part, along with most other Americans, found the Constitution so wanting that it was ratified only on condition of the passage of the Bill of Rights. Jackson, was distressed by the limitations on the President and many others had their objections, but Wilson, before he became a politician was a prominent academic political scientist and wrote voluminously and had an intellectual following so his criticism was not considered so “political” as others.

This illustrated the problem with Nazi Germany where Hitler was elected by the people. In a Constitutional democracy such as the United States, when an elected President attempts to cut away constitutionally insured freedoms, there is public opinion, the press, a Congress and a Supreme Court to check him as occurred in the George W. Bush Administration over wiretapping, torture, and handing of war captives. These were checked, but they were minor and trivial compared to Nazi Germany’s abuse of freedom. In Germany, Hitler weakened or destroyed all those who might check his power and therein lies the essential difference. The despot must eliminate or weaken the checks on him. In the American democracy, the Congress finally checked John Adams’ Alien & Sedition Act as did public opinion by turning him out of office after one term. But in each case, in democracy or dictatorship, the same argument is often made if the elected leader impinges on some freedoms: it is legitimate because he represents the will of the people. Spencer and many others have always disagreed.