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The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution…. There should be, therefore, great resistance to … redefining the category of rights deemed to be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority to govern the country without express constitutional authority.
An ancient author tells us somewhere, with the tone of a pedagogue, if you have not done anything worthy of being recorded, at least write something worthy of being read. It is a precept as beautiful as a diamond of the first water cut in England, but it cannot be applied to me, because I have not written either a novel, or the life of an illustrious character. Worthy or not, my life is my subject, and my subject is my life. I have lived without dreaming that I should ever take a fancy to write the history of my life, and, for that very reason, my Memoirs may claim from the reader an interest and a sympathy which they would not have obtained, had I always entertained the design to write them in my old age, and, still more, to publish them.
Curiosity is natural to the soul of man and interesting objects have a powerful influence on our affections. Let these influencing powers actuate, by the permission or disposal of Providence, from selfish or social views, yet in time the mysterious will of Heaven is unfolded, and we behold our conduct, from whatever motives excited, operating to answer the important designs of heaven.
Definition of design = Everyone designs who devise courses of action aimed at changing existing situations into preferred ones. The intellectual activity that produces material artifacts is no different fundamentally from the one that prescribes remedies for a sick patient or the one that devises a new sales plan for a company or a social welfare policy for a state.