Quotes by Former Associate Justice Of The Supreme Court Of The United States of the Authors - Page 27

It is evident that the right of acquiring and possessing property, and having it protected, is one of the natural, inherent, and unalienable rights of man. Men have a sense of property: Property is necessary to their subsistence, and correspondent to their natural wants and desires; its security was one of the objects, that induced them to unite in society. No man would become a member of a community, in which he could not enjoy the fruits of his honest labour and industry.
William Paterson / Former Associate Justice Of The Supreme Court Of The United States
Men
Community
Rights
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Why should you row a boat race? Why endure the long months of pain in preparation for a fierce half hour that will leave you all but dead? Does anyone ask the question? Is there anyone who would not go through all the costs, and more, for the moment when anguish breaks into triumph or even for the glory of having nobly lost? Is life less than a boat race? If a man will give the blood in his body to win the one, will he spend all the might of his soul to prevail in the other?
Oliver Wendell Holmes, Jr. / Former Associate Justice Of The Supreme Court Of The United States
Men
Pain
Winning
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The constitutional right of free expression... is designed and intended to remove governmental restraints from the arena of public discussion, putting the decision as to what views shall be voiced in the hands of each of us, in the hope that the use of such freedom will ultimately produce a more capable citizenry and more perfect polity and in the belief that no other approach would comport with the premise of individual dignity and choice upon which our political systems rests.
John Marshall Harlan Ii / Former Associate Justice Of The Supreme Court Of The United States
Government
Expression
Views
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While the machinery of law enforcement and indeed the nature of crime itself have changed dramatically since the Fourth Amendment became part of the Nation's fundamental law in 1791, what the Framers understood then remains true today - that the task of combating crime and convicting the guilty will in every era seem of such critical and pressing concern that we may be lured by the temptations of expediency into forsaking our commitment to protecting individual liberty and privacy.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Commitment
Law
Temptation
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What becomes decisive to a Justice's functioning on the Court in the large area within which his individuality moves is his general attitude toward law, the habits of the mind that he has formed or is capable of unforming, his capacity for detachment, his temperament or training for putting his passion behind his judgment instead of in front of it. The attitudes and qualities which I am groping to characterize are ingredients of what compendiously might be called dominating humility.
Felix Frankfurter / Former Associate Justice Of The Supreme Court Of The United States
Attitude
Moving
Passion
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The promulgation of the great doctrines of religion, the being, and attributes, and providence of one Almighty God: the responsibility to him for all our actions, founded upon moral freedom and accountability; a future state of rewards and punishments; the cultivation of all the personal, social, and benevolent virtues-these these never can be a matter of indifference in any well-ordered community. It is, indeed, difficult to conceive how any civilized society can exist without them.
Joseph Story / Former Associate Justice Of The Supreme Court Of The United States
Community
Punishment
Responsibility
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The militia is the natural defense of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people.
Joseph Story / Former Associate Justice Of The Supreme Court Of The United States
Country
Mean
Military
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The Tax Court is independent, and its neutrality is not clouded by prosecuting duties. Its procedures assure fair hearings. Its deliberations are evidenced by careful opinions. All guides to judgment available to judges are habitually consulted and respected. It has established a tradition of freedom from bias and pressures. It deals with a subject that is highly specialized and so complex as to be the despair of judges. It is relatively better staffed for its task than is the judiciary.
Robert H. Jackson / Former Associate Justice Of The Supreme Court Of The United States
Despair
Independent
Judging
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But I really think it's a very unfortunate part of our judicial system and I would feel much, much better if more states would really consider whether they think the benefits outweigh the very serious potential injustice, because in these cases the emotions are very, very high on both sides and to have stakes as high as you do in these cases, there is a special potential for error. We cannot ignore the fact that in recent years a disturbing number of inmates on death row have been exonerated.
John Paul Stevens / Former Associate Justice Of The Supreme Court Of The United States
Numbers
Thinking
Years
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We current Justices read the Constitution in the only way that we can: as Twentieth Century Americans. We look to the history of the time of framing and to the intervening history of interpretation. But the ultimate question must be, what do the words of the text mean in our time. For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs.
William J. Brennan / Former Associate Justice Of The Supreme Court Of The United States
Justice
Mean
Principles
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The dissemination of the individual's opinions on matters of public interest is for us, in the historic words of the Declaration of Independence, an 'unalienable right' that 'governments are instituted among men to secure.' History shows us that the Founders were not always convinced that unlimited discussion of public issues would be 'for the benefit of all of us' but that they firmly adhered to the proposition that the 'true liberty of the press' permitted 'every man to publish his opinion'.
John Marshall Harlan Ii / Former Associate Justice Of The Supreme Court Of The United States
Men
Freedom Of Speech
Issues
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We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. When they are so harmless to others or to the State as those we deal with here, the prices is not too great. But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order.
Robert H. Jackson / Former Associate Justice Of The Supreme Court Of The United States
Attitude
Diversity
Heart
Order
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Our government is the potent, the omnipresent teacher. For good or for ill it teaches the whole people by example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that in the administration of the criminal law the end justifies the means - to declare that the Government may commit crimes in order to secure the conviction of a private criminal - would bring terrible retributions.
Louis D. Brandeis / Former Associate Justice Of The Supreme Court Of The United States
Men
Teacher
Mean
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The Free Exercise Clause at the very least was designed to guarantee freedom of conscience by prohibiting any degree of compulsion in matters of belief. It was offended by a burden on one's religion. The Establishment Clause can be understood as designed in part to ensure that the advancement of religion comes only from the voluntary efforts of its proponents and not from support by the state. Religious groups are to prosper or perish on the intrinsic merit and attraction of their beliefs and practices.
Harry A. Blackmun / Former Associate Justice Of The Supreme Court Of The United States
Exercise
Practice
Religious
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At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. The freedom to speak one's mind is not only an aspect of individual liberty - and thus a good unto itself - but also is essential to the common quest for truth and the vitality of society as a whole. We have therefore been particularly vigilant to ensure that individual expressions of ideas remain free from governmentally imposed sanctions.
William Rehnquist / Former Associate Justice Of The Supreme Court Of The United States
Expression
Heart
Ideas
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The equal protection standard of the constitution has one clear and central meaning - it absolutely prohibits invidious [repugnant] discrimination by government...Under our Constitution, any official action that treats a person differently on account of his race or ethnic origin is inherently [by nature] suspect and presumptively [probably] invalid...Under the Constitution we have, one practice in which government may never engage in the practice of racism - not even "temporarily" and not even as an "experiment."
Potter Stewart / Former Associate Justice Of The Supreme Court Of The United States
Government
Practice
Race
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The duty imposed upon him [the president] to take care that the laws be faithfully executed, follows out the strong injunctions of his oath of office, that he will 'preserve, protect, and defend the Constitution.' The great object of the executive department is to accomplish this purpose; and without it, be the form of government whatever it may, it will be utterly worthless for offence or defense; for the redress of grievances or the protection of rights; for the happiness, or good order, or safety of the people.
Joseph Story / Former Associate Justice Of The Supreme Court Of The United States
Government
Rights
Strong
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Once the government can demand of a publisher the names of the purchasers of his publication, the free press as we know it disappears. Then the spectre of a government agent will look over the shoulder of everyone who reads. ... Fear of criticism goes with every person into the bookstall. The subtle, imponderable pressures of the orthodox lay hold. Some will fear to read what is unpopular, what the powers-that-be dislike. ... fear will take the place of freedom in the libraries, book stores, and homes in the land.
William O. Douglas / Former Associate Justice Of The Supreme Court Of The United States
Government
Home
Book
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Realization of this need means adults must awaken to the urgency of the young people's unrest-in other words there must be created an adult unrest against the inequities and injustices in the present system. If the government is in jeopardy, it is not because we are unable to cope with revolutionary situations. Jeopardy means that either the leaders or the people do not realize they have all the tools required to make the revolution come true. The tools and the opportunity exist. Only the moral imagination is missing.
William O. Douglas / Former Associate Justice Of The Supreme Court Of The United States
Opportunity
Government
Mean
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Any test that turns on what is offensive to the community's standards is too loose, too capricious, too destructive of freedom of expression to be squared with the First Amendment. Under that test, juries can censor, suppress, and punish what they don't like, provided the matter relates to "sexual impurity" or has a tendency "to excite lustful thoughts." This is community censorship in one of its worst forms. It creates a regime where, in the battle between the literati and the Philistines, the Philistines are certain to win.
William O. Douglas / Former Associate Justice Of The Supreme Court Of The United States
Community
Expression
Winning
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At bottom, the Court's opinion is thus a rejection of the common sense of the American people, who have recognized a need to prevent corporations from undermining self-government since the founding, and who have fought against the distinctive corrupting potential of corporate electioneering since the days of Theodore Roosevelt. It is a strange time to repudiate that common sense. While American democracy is imperfect, few outside the majority of this court would have thought its flaws included a dearth of corporate money in politics.
John Paul Stevens / Former Associate Justice Of The Supreme Court Of The United States
Government
People
Self
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As I search the archives of my memory I seem to discern six types or methods [of judicial writing] which divide themselves from one another with measurable distinctness. There is the type magisterial or imperative; the type laconic or sententious; the type conversational or homely; the type refined or artificial, smelling of the lamp, verging at times upon preciosity or euphuism; the demonstrative or persuasive; and finally the type tonsorial or agglutinative, so called from the shears and the pastepot which are its implements and emblem.
Benjamin Cardozo / Former Associate Justice Of The Supreme Court Of The United States
Memories
Past
Writing
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It is fundamental that the great powers of Congress to conduct war and to regulate the Nation's foreign relations are subject to the constitutional requirements of due process. The imperative necessity for safeguarding these rights to procedural due process under the gravest of emergencies has existed throughout our constitutional history, for it is then, under the pressing exigencies of crisis, that there is the greatest temptation to dispense with fundamental constitutional guarantees which, it is feared, will inhibit governmental action.
Arthur Goldberg / Former Associate Justice Of The Supreme Court Of The United States
War
Rights
Temptation
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In my judgment the people of no nation can lose their liberty so long as a Bill of Rights like ours survives and its basic purposes are conscientiously interpreted, enforced and respected so as to afford continuous protection against old, as well as new, devices and practices which might thwart those purposes. I fear to see the consequences of the Court's practice of substituting its own concepts of decency and fundamental justice for the language of the Bill of Rights as its point of departure in interpreting and enforcing that Bill of Rights.
Hugo Black / Former Associate Justice Of The Supreme Court Of The United States
Law
Practice
Rights
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Discovery is adventure. There is an eagerness, touched at times with tenseness, as man moves ahead into the unknown. Walking the wilderness is indeed like living. The horizon drops away, bringing new sights, sounds, and smells from the earth. When one moves through the forests, his sense of discovery is quickened. Man is back in the environment from which he emerged to build factories, churches, and schools. He is primitive again, matching his wits against the earth and sky. He is free of the restraints of society and free of its safeguards too.
William O. Douglas / Former Associate Justice Of The Supreme Court Of The United States
Adventure
Moving
School
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Where suspicion fills the air and holds scholars in line for fear of their jobs, there can be no exercise of the free intellect. Supineness and dogmatism take the place of inquiry. A problem can no longer be pursued to its edges. Fear stalks the classroom. The teacher is no longer a stimulant to adventurous thinking; she becomes instead a pipe line for safe and sound information. A deadening dogma takes the place of free inquiry. Instruction tends to become sterile; pursuit of knowledge is discouraged; discussion often leaves off where it should begin.
William O. Douglas / Former Associate Justice Of The Supreme Court Of The United States
Jobs
Fear
Teacher
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From this day forward, I no longer shall tinker with the machinery of death. For more than 20 years I have endeavored - indeed, I have struggled - along with a majority of this Court, to develop procedural and substantive rules that would lend more than the mere appearance of fairness to the death penalty endeavor. Rather than continue to coddle the Court's delusion that the desired level of fairness has been achieved and the need for regulation eviscerated, I feel morally and intellectually obligated to concede that the death penalty experiment has failed.
Harry A. Blackmun / Former Associate Justice Of The Supreme Court Of The United States
Majority
Needs
Years
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Certitude leads to violence. This is a proposition that has an easy application and a difficult one. The easy application is to ideoologues, dogmatists, and bullies--people who think that their rigtness justifies them in imposing on anyone who does not happen to suscribe to their particular ideology, dogma or notion of turf. If the conviction of rightness is powerful enough, resistance to it will be met, sooner or later by force. There are people like this in every sphere of life, and it is natural to feel that the world would be a better place without them!
Oliver Wendell Holmes, Jr. / Former Associate Justice Of The Supreme Court Of The United States
People
Powerful
Thinking
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The Constitution and the Bill of Rights we designed to get the government off the backs of the people -- all the people. Those great documents guarantee to us all the rights to personal and spiritual self-fulfillment. But that guarantee is not self-executing. As nightfall does not come all at once, neither does oppression. In both instances, there is a twilight when everything remains seemingly unchanged. And it is in such a twilight that we all must be most aware of the change in the air -- however slight -- lest we become unwitting victims of the darkness.
William O. Douglas / Former Associate Justice Of The Supreme Court Of The United States
Rights
Spiritual
Twilight
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Man is about to be an automaton; he is identifiable only in the computer. As a person of worth and creativity, as a being with an infinite potential, he retreats and battles the forces that make him inhuman. The dissent we witness is a reaffirmation of faith in man; it is protest against living under rules and prejudices and attitudes that produce the extremes of wealth and poverty and that make us dedicated to the destruction of people through arms, bombs, and gases, and that prepare us to think alike and be submissive objects for the regime of the computer.
William O. Douglas / Former Associate Justice Of The Supreme Court Of The United States
Attitude
Men
Creativity
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We must dissent from the indifference. We must dissent from the apathy. We must dissent from the fear, the hatred and the mistrust. We must dissent from a nation that has buried its head in the sand, waiting in vain for the needs of its poor, its elderly, and its sick to disappear and just blow away. We must dissent from a government that has left its young without jobs, education or hope. We must dissent from the poverty of vision and the absence of moral leadership. We must dissent because America can do better, because America has no choice but to do better.
Thurgood Marshall / Former Associate Justice Of The Supreme Court Of The United States
Jobs
America
Blow
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The privilege of opening the first trial in history for crimes against the peace of the world imposes a grave responsibility. The wrongs, which we seek to condemn and punish, have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot survive their being repeated. That four great nations, flushed with victory and stung with injury, stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law is one of the most significant tributes that power has ever paid to reason.
Robert H. Jackson / Former Associate Justice Of The Supreme Court Of The United States
Civilization
Hands
Responsibility
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Particularly when the war power is invoked to do things to the liberties of people, or to their property or economy that only indirectly affect conduct of the war and do not relate to the engagement of the war itself, the constitutional basis should be scrutinized with care. ... I would not be willing to hold that war powers may be indefinitely prolonged merely by keeping legally alive a state of war that had in fact ended. I cannot accept the argument that war powers last as long as the effects and consequences of war for if so they are permanent -- as permanent as the war debts.
Robert H. Jackson / Former Associate Justice Of The Supreme Court Of The United States
Power
War
Long
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Convictions following the admission into evidence of confessions which are involuntary, i.e., the product of coercion, either physical or psychological, cannot stand. This is so not because such confessions are unlikely to be true but because the methods used to extract them offend an underlying principle in the enforcement of our criminal law: that ours is an accusatorial, and not an inquisitorial, system - a system in which the State must establish guilt by evidence independently and freely secured, and may not, by coercion, prove its charges against an accused out of his own mouth.
Felix Frankfurter / Former Associate Justice Of The Supreme Court Of The United States
Guilt
Law
Principles
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It is not the right of property which is protected, but the right to property. Property, per se, has no rights; but the individual - the man - has three great rights, equally sacred from arbitrary interference: the right to his life, the right to his liberty, the right to his property The three rights are so bound together as to be essentially one right. To give a man his life but to deny him his liberty, is to take from him all that makes his life worth living. To give him his liberty but take from him the property which is the fruit and badge of his liberty is to still leave him a slave.
George Sutherland / Former Associate Justice Of The Supreme Court Of The United States
Men
Giving
Rights
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The progress of science in furnishing the government with means of espionage is not likely to stop with wire tapping. Ways may some day be developed by which the government, without removing papers from secret drawers, can reproduce them in court, and by which it will be enabled to expose to a jury the most intimate occurrences of the home. Advances in the psychic and related sciences may bring means of exploring unexpressed beliefs, thoughts and emotions. 'That places the liberty of every man in the hands of every petty officer' was said by James Otis of much lesser intrusions than these.
Louis D. Brandeis / Former Associate Justice Of The Supreme Court Of The United States
Government
Home
Secret
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