Laws are passed which transgress the limitations of the Constitution without adequate discussion as to their unconstitutional character, for the reason that the determination of this fact is erroneously supposed to be the exclusive function of the judiciary.
This quote critiques the lack of discussion around unconstitutional laws and the misconception of judicial authority.
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It did not believe that the State was omnipotent or infallible, and yet it proclaimed its authority within wise and just limits.
The tendency of group morality to standardize man--and thus reduce all men to the dead level of an average mediocrity--is one that the law should combat.
Under the American Constitution, they are part of the fundamental law, and, as such, enforceable by judges sworn to defend the integrity of the individual as fully as the integrity of the State.
It must champion the human soul in its God-given right to exercise freely the faculties of mind and body.
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