Yitzhak Zamir Quotes
The ruling authority is liable to raise a claim which could justify a deviation from the law by saying: The law is supposed to serve the country. The law is merely one consideration, there are additional considerations which are no less important; the good of the country is one such consideration and it could possibly override the law….this is a very dangerous claim. The saying that patriotism is the last refuge of the charlatan is well known. This argument, taken alone, is liable to topple the principle of the legality of government and the rule of law together with it.
Yitzhak Zamir, Israeli Judge, “The Attorney General and the Struggle for the Rule of Law”, The Tel Aviv University Law Review, Volume 11 (1986-87)
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The issue was whether the Federal government could enforce a federal law against a citizen of a state if the state did not agree. There were some who argued that the State had the supreme authority over any citizen within the state. That view has been rejected and the Federal government may enforce its laws on anyone in any state regardless of the views of the state.
Federal officials and commissioners issued laws, directives and orders that were very unpopular with the Mormons who were in the overwhelming majority of the Utah territory. The Mormon “government” was a type of theocracy but a very popular one. The Mormons tried to test the constitutionality and legality of the Federal laws and orders before they would obey. The government position was that they should obey and then could test the laws in the courts. The Mormons eventually lost in the courts anyway, but the principle of obedience to law until it can be tested and reversed has generally been the rule of U. S. Law. However, civil disobedience in which many religions have engaged in our history argues the obverse. Eventually Taylor had to go “underground” and rule the church from exile in which state he died.
Yitzhak Zamir (Hebrew: יצחק זמיר) is a professor of public law and Dean of the Hebrew University of Jerusalem's Faculty of Law, a former Attorney General of Israel, first Dean of the University of Haifa's Law Faculty, and a former Judge of the Supreme Court of Israel.