Mary McCarthy Quotes

American law is more ambiguous on this point.

the drafting of the Constitution Left before it ended.

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.

Catherine II—the Great—appointed a commission to suggest model laws for Russia based on some of the principles of the European Enlightenment. The laws were never officially adopted but they are interesting in that they were the product of “liberal” thinking at the time. This particular definition of “liberty” is similar to that ruse in many country’s modern constitutions which will “guarantee” a right like freedom of speech so long as it does not violate any laws.

The "administrative state" was the term used for a government had had powers and used them to regulate things and areas of society without each specific regulation being voted upon by the legislature. In America sicne the New Deal there have been so many areas that have regulations that a single agency like the Environmental Protection Agency might issue in a year more regulations than the entire Congress considers in all areas put together. All these regulatory powers are delegated by Congress passing legislation authorizing it, and Congress can legislate any change in any regulation it wants, but the modern state is so complesx and areas so specialzied that Congress has preferred to delegate. There are a few who legal scholars and politicians who believe that it is unconstitutional for the legislature to delegate powers to the executive branch and no regulations have validity unless specifically passed by Comgress. There are some others who have not taken a position on this point but who believe that of an administrative state can regulate phases of citizens lives it is bound to circumscribe personal freedom as all legislation does to some extent. This quotation was used by opponents of Judge Gorsuch in arguing that he was unfit for the Supreme Court as he was out of touch with the Administrative State which America gradually became and rapidly in the New Deal and in the 80 years thereafter a very extensive administrative state. Gorsuch's views were based on classic political pholosophy but there were some ultra conservatives who did not want any regulation of business by Congress or Administrative Agencies and therefore supported Gorsuch and the few others with this view as if Agencies were not able to issue regulations there was no practical way that Congress could issue as many and regulation would be reduced which is what they desired.