Quotes of All Topics . Occasions . Authors
Today, as always, the people, no less than the courts, must remain vigilant to preserve the principals of our Bill of Rights, lest in our desire to be secure we lose our ability to be free.
The Constitution does not require complete separation of church and state; it affirmatively mandates accommodation, not merely tolerance, of all religions, and forbids hostility toward any.
The government of the Union, though limited in its powers, is supreme within its sphere of action, and its laws, when made in pursuance of the constitution, form the supreme law of the land.
No doctrine involving more pernicious consequences was ever invented by the wit of man than any [constitutional] provisions can be suspended during any of the great exigencies of government.
A far greater factor than abolishing poverty is the deterrent effect of swift and certain consequences: swift arrest, prompt trial, certain penalty and - at some point - finality of judgment.
Doctors still retain a high degree of public confidence because they are perceived as healers. Should lawyers not be healers? Healers, not warriors? Healers, not procurers? Healers, not hired guns?
In mid-life the man wants to see how irresistible he still is to younger women. How they turn their hearts to stone and more or less commit a murder of their marriage I just don't know, but they do.
Concepts of justice must have hands and feet to carry out justice in every case in the shortest possible time and the lowest possible cost. This is the challenge to every lawyer and judge in America.
Concepts of justice must have hands and feet...to carry out justice in every case in the shortest possible time and the lowest possible cost. This is the challenge to every lawyer and judge in America.
There are many prices we pay for freedoms secured by the First Amendment; the risk of undue influence is one of them, confirming what we have long known: Freedom is hazardous, but some restraints are worse.
It is the peculiar province of the legislature to prescribe general rules for the government of society; the application of those rules to individuals in society would seem to be the duty of other departments.
It is not unprofessional to give free legal advice, but advertising that the first visit will be free is a bit like a fox telling chickens he will not bite them until they cross the threshold of the hen house.
The old Court you and I served so long will not be worthy of its traditions if Nixon can twist, turn and fashion If Nixon gets away with that, then Nixon makes the law as he goes along - not the Congress nor the courts.
The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury. One of the first duties of government is to afford that protection.
It is emphatically the province and duty of the judicial department to say what the law is...If two laws conflict with each other, the courts must decide on the operation of each...This is of the very essence of judicial duty.
My gift of John Marshall to the people of the United States was the proudest act of my life. There is no act of my life on which I reflect with more pleasure. I have given to my country a judge equal to a Hole, Holt, or a Mansfield.
The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.
We are now at the point where we must decide whether we are to honour the concept of a plural society which gains strength through diversity, or whether we are to have bitter fragmentation that will result in perpetual tension and strife.
The policeman on the beat or in the patrol car makes more decisions and exercises broader discretion affecting the daily lives of people every day and to a greater extent, in many respects, than a judge will ordinarily exercise in a week.
The government of the Union, then, ... is, emphatically, and truly, a government of the people. In form and in substance it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit.
To separate children from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.
I'm very pleased with each advancing year. It stems back to when I was forty. I was a bit upset about reaching that milestone, but an older friend consoled me. "Don't complain about growing old - many, many people do not have that privilege."
Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him and that he has a right to the presence of an attorney, either retained or appointed.
Nothing can be clearer than that what the Constitution intended to guard against was the exercise by the general government of the power of directly taxing persons and property within any State through a majority made up from the other States.
My father superintended the English part of my education, and to his care I am indebted for anything valuable which I may have acquired in my youth. He was my only intelligent companion, and was both a watchful parent and an affectionate friend.
I have always believed that national character... depends more on the female part of society than is generally imagined. Precepts from the lips of a beloved mother... sink deep in the heart, and make an impression which is seldom entirely effaced.
For better or worse, editing is what editors are for; and editing is selection and choice of material. That editors newspaper or broadcast can and do abuse this power is beyond doubt, but that is no reason to deny the discretion Congress provided.
There can be no assumption that today's majority is "right" and the Amish or others like them are "wrong." A way of life that is odd or even erratic but interferes with no right or interests of others is not to be condemned because it is different.
There can be no assumption that today's majority is 'right' and the Amish and others like them are 'wrong.' A way of life that is odd or even erratic but interferes with no rights or interests of others is not to be condemned because it is different.
Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.
There is no requirement that police stop a person who enters a police station and states that he wishes to confess a crime or a person who calls the police to offer a confession because volunteered statements of any kind are not barred by the 5th Amendment.
The Emancipation Proclamation is predicated upon the idea that the President may so annul the constitutions and laws of sovereign states, overthrow their domestic relations, deprive loyal men of their property, and disloyal as well, without trial or condemnation.
To summarize: Americans have one of the greatest legal systems, but not a monopoly of the sense of justice, which is universal; nor have we a permanent copyright on the means of securing justice, for it is the spirit and not the form of law that keeps justice alive.
Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void.
The notion that most people want black-robed judges, well-dressed lawyers and fine-paneled courtrooms as the setting to resolve their disputes is not correct. People with problems, like people with pains, want relief, and they want it as quickly and inexpensively as possible.
When a law is in its nature a contract, when absolute rights have vested under that contract, a repeal of the law cannot divest those rights. The people can act only by their agents and, within the powers conferred upon them, their acts must be considered as the acts of the people.
[I]n constitutional adjudication some steps, which when taken were thought to approach 'the verge,' have become the platform for yet further steps. A certain momentum develops in constitutional theory and it can be a 'downhill thrust' easily set in motion but difficult to retard or stop.
The particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.
If the agency of the mother in forming the character of her children is, in truth, so considerable, as I think it - if she does so much toward making her son what she would wish him to be - how essential is it that she should be fitted for the beneficial performance of these important duties.
We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal education opportunities? We believe that it does.
No principle of general law is more universally acknowledged, than the perfect equality of nations. Russia and Geneva have equal rights. It results from this equality, that no one can rightfully impose a rule on another....As no nation can prescribe a rule for others, none can make a law of nations.
I was born on the 24th of September 1755 in the county of Fauquier, at that time one of the frontier counties of Virginia. My father possessed scarcely any fortune and had received a very limited education - but was a man to whom nature had been bountiful, and who had assiduously improved her gifts.
A society, in the process of moving forward, often appears to be tearing itself apart. Certainly, an age of rapid change, such as ours, produces many paradoxes. But perhaps the most tragic paradox of our time is to be found in the failure of nation-states to recognize the imperatives of internationalism.
Paris presents one incessant round of amusement & dissipation but very little, I believe - even for its inhabitants of that society - which interests the heart. Every day, you may see something new, magnificent & beautiful; every night, you may see a spectacle which astonishes & enchants the imagination.
The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, alterable when the legislature shall please to alter it. It is emphatically the province and duty of the judicial department to say what the law is. This is the very essence of judicial duty.
During intervals of humanity, some disposition has been manifested to permit the return of those who have never offended, who have been banished by a terror which the government itself has reprobated, & to permit in case of arrestation, an investigation of the fact of emigration as well as of the identity of the person accus'd.
Our Bill of Rights, the most precious part of our legal heritage, is under subtle and pervasive attacks... In the struggle between our world and Communism, the temptation to imitate totalitarian security methods must be resisted day by day... When the rights of any individual or group are chipped away, the freedom of all erodes.
History is filled with examples of men and women who rendered highly effective performance without the conventional badges of accomplishment in terms of certificates, diplomas, or degrees. Diplomas and tests are useful servants, but Congress has mandated the commonsense proposition that they are not to become masters of reality.
The mere summoning of a witness and compelling him to testify against his will, about his beliefs, expressions or associations, is a measure of governmental interference. And when those forced revelations concern maters that are unorthodox, unpopular, or even hateful to the general public, the reactions in the life of the witness may be disastrous.
The power of the state to impose restraints and burdens upon persons and property in conservation and promotion of the public health, good order, and prosperity is a power originally and always belonging to the states, not surrendered to them by the general government, nor directly restrained by the constitution of the United States, and essentially exclusive.