For those whose exclusive norm of constitutional judging is merely fair reading of language applied to facts objectively viewed, 'Brown' must either be flat-out wrong or a very mystifying decision.

To be whole and harmonious, man must also know the music of the beaches and the woods. He must find the thing of which he is only an infinitesimal part and nurture it and love it, if he is to live.

Free speech is not to be regulated like diseased cattle and impure butter. The audience (in this case, the judge or the jury) that hissed yesterday may applaud today, even for the same performance.

Does he [the president] possess the power of making war? That power is exclusively vested in Congress. . . . It is the exclusive province of Congress to change a state of peace into a state of war.

Fragile as reason is and limited as law is as the institutionalised medium of reason, that's all we have between us and the tyranny of mere will and the cruelty of unbridled, undisciplined feelings.

To say that only those businesses affected with a public interest may be regulated is but another way of stating that all those businesses which may be regulated are affected with a public interest.

It is the paradox of life that the way to miss pleasure is to seek it first. The very first condition of lasting happiness is that a life should be full of purpose, aiming at something outside self.

Fear of serious injury alone cannot justify oppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears.

The general rule of law is, that the noblest of human productions knowledge, truths ascertained, conceptions and ideas become, after voluntary communication to others, free as the air to common use.

Whatever disagreement there may be as to the scope of the phrase "due process of law" there can be no doubt that it embraces the fundamental conception of a fair trial, with opportunity to be heard.

I cannot say that our country could have no secret police without becoming totalitarian, but I can say with great conviction that it cannot become totalitarian without a centralized national police.

It is only the words of the bill that have presidential approval, where that approval is given. It is not to be supposed that in signing a bill the President endorses the whole Congressional Record.

The freedom to criticize judges and other public officials is necessary to a vibrant democracy. The problem comes when healthy criticism is replaced with more destructive intimidation and sanctions.

It is always possible for the court to overreach its proper bounds and perhaps declare a lot of laws unconstitutional and frustrate the will of the majority in a way that it ought not be frustrated.

I came into the world a Jew, and although I did not live my life entirely as a Jew, I think it is fitting that I should leave as a Jew. I don't want to ... turn my back on a great and noble heritage.

Although NFL teams have common interests such as promoting the NFL brand, they are still separate, profit-making entities, and their interests in licensing team trademarks are not necessarily aligned

Our government... teaches the whole people by its example. If the government becomes the lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.

Those in power need checks and restraints lest they come to identify the common good for their own tastes and desires, and their continuation in office as essential to the preservation of the nation.

We must realize that today's establishment is the new George III. Whether it will continue to adhere to his tactics, we do not know. If it does, the redress, honored in tradition, is also revolution.

I hope you will be yourself, human, even a little sentimental, possessed of a sense of humor and a sense of humility. . . . There are arrogant people in this world and, what is worse, arrogant judges.

I cannot agree with those who think of the Bill of Rights as an 18th century straitjacket, unsuited for this age...The evils it guards against are not only old, they are with us now, they exist today.

I think this country would be much better off if we did not have capital punishment.... We cannot ignore the fact that in recent years a disturbing number of inmates on death row have been exonerated.

Although NFL teams have common interests such as promoting the NFL brand, they are still separate, profit-making entities, and their interests in licensing team trademarks are not necessarily aligned.

Nothing can be more notorious than the calumnies and invectives with which the wisest measures and most virtuous characters of The United States have been pursued and traduced [By American Newspapers]

This is a great country, but fortunately for you, it is not perfect. There is much to be done to bring about complete equality. Remove hunger. Bring reality closer to theory and democratic principles.

The Founding Fathers believed devoutly that there was a God and that the unalienable rights of man were rooted - not in the state, nor the legislature, nor in any other human power - but in God alone.

I think people know very little, really, about the court, how it works and its history. And both of those things are important in our country, but they're not things that most citizens know much about.

Maintaining order in the classrooms has never been easy and it is evident that the school setting requires some easing of the restrictions to which searches by public authorities are ordinarily subject.

The obligation of any judge is to decide the case before the court, and the nature of the issue presented will largely determine the appropriate scope of the principle on which its decision should rest.

Over our history there are always those who want to take this wall of separation and remove a brick here or there or damage it more than that. I think one has to be vigilant and constantly on the alert.

Any new formula which suddenly emerges in our consciousness has its roots in long trains of thought; it is virtually old when it first makes its appearance among the recognized growths of our intellect.

The Framers of the Bill of Rights did not purport to 'create' rights. Rather, they designed the Bill of Rights to prohibit our Government from infringing rights and liberties presumed to be preexisting.

To exclude all jurors who would be in the slightest way effected by the prospect of the death penalty would be to deprive the defendant of the impartial jury to which he or she is entitled under the law.

To exclude all jurors who would be in the slightest way affected by the prospect of the death penalty would be to deprive the defendant of the impartial jury to which he or she is entitled under the law.

Men are tattooed with their special beliefs like so many South Sea Islanders; but a real human heart with divine love in it beats with the same glow under all the patterns of all earth's thousand tribes.

For students, understanding the separate and unique functions of each branch of government can help them understand how different kinds of government officials can help solve different kinds of problems.

I believe it is conceded that, notwithstanding the fabled blue laws of New England, a man may, without impropriety, kiss his wife on Sunday and possibly, if he have a chance, some other sweet-faced woman.

The Constitution is a pantheon of values, and a lot of hard cases are hard because the Constitution gives no simple rule of decision for the cases in which one of the values is truly at odds with another.

Government is itself an art, one of the subtlest of the arts. It is neither business, nor technology, nor applied science. It is the art of making men live together in peace and with reasonable happiness.

The foliage has been losing its freshness through the month of August, and here and there a yellow leaf shows itself like the first gray hair amidst the locks of a beauty who has seen one season too many.

If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.

Men may believe what they cannot prove. They may not be put to the proof of their religious doctrines or beliefs. Religious experiences which are as real as life to some may be incomprehensible to others.

It is never easy to define what is moral, particularly in foreign policy. But at the risk of being simplistic, it appears to me that a foreign policy that is morally right protects human rights everywhere.

When Congress exercises the powers delegated to it by the Constitution, it may impose affirmative obligations on executive and judicial officers of state and local governments as well as ordinary citizens.

The applicability of the Establishment Clause to public funding of benefits to religious schools was settled in Everson v. Board of Ed. of Ewing, which inaugurated the modern era of establishment doctrine.

The 4th Amendment and the personal rights it secures have a long history. At the very core stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.

If we can cultivate in the world the idea that aggressive war-making is the way to the prisoner's dock rather than the way to honors, we will have accomplished something toward making the peace more secure.

The Constitution is the origin and measure of legislative authority. It says to legislators, thus far ye shall go and no farther. Not a particle of it should be shaken; not a pebble of it should be removed.

It is precisely because the issue raised by this case touches the heart of what makes individuals what they are that we should be especially sensitive to the rights of those whose choices upset the majority.

It is mere childishness to expect men to believe as their fathers did; that is, if they have any minds of their own. The world is a whole generation older and wiser than when the father was of his son's age.

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