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To hold that Congress has general police power would be to hold that it may accomplish objects not intrusted to the general government, and to defeat the operation of the 10th Amendment, declaring that 'the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
The abhorrence of society to the use of involuntary confessions does not turn alone on their inherent untrustworthiness. It also turns on the deep-rooted feeling that the police must obey the law while enforcing the law; that, in the end, life and liberty can be as much endangered from illegal methods used to convict those thought to be criminals as from the actual criminals themselves.
The framers of the constitution employed words in their natural sense; and, where they are plain and clear, resort to collateral aids to interpretation is unnecessary, and cannot be indulged in to narrow or enlarge the text; but where there is ambiguity or doubt, or where two views may well be entertained, contemporaneous and subsequent practical construction is entitled to the greatest weight.
The question before us is, whether people of African ancestry compose a portion of this people, and are constituent members of this sovereignty? We think they are not, and that they are not included, and were not intended to be included, under the word 'citizens' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States.
If Nixon is not forced to turn over tapes of his conversations with the ring of men who were conversing on their violations of the law, then liberty will soon be dead in this nation. If Nixon gets away with that, then Nixon makes the law as he goes along - not the Congress nor the courts. The old Court you and I served so long will not be worthy of its traditions if Nixon can twist, turn and fashion the law as he sees fit.
When an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning... He must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that, if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.
Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exericised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law.
Many agricultural counties are far more important in the life of the State than their population bears to the entire population of the State. It is for this reason that I have never been in favor of restricting their representation in our State Senate to a strictly population basis. It is the same reason that the founding fathers of our country gave balanced representation to the States of the Union, equal representation in one House and proportionate representation based upon population in the other.
Whether a law be void for its repugnancy to the Constitution, is, at all times, a question of much delicacy, which out seldom, if ever, to be decided in the affirmative, in doubtful case. ... But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
The men who wrote the First Amendment religion clause did not view paid legislative chaplains and opening prayers as a violation of that amendment... the practice of opening sessions with prayer has continued without interruption ever since that early session of Congress. It can hardly be thought that in the same week the members of the first Congress voted to appoint and pay a chaplain for each House and also voted to approve the draft of the First Amendment... (that) they intended to forbid what they had just declared acceptable.
Churchmen are quick to defend religious freedom; lawyers were never so universally aroused as by President Roosevelt's Court bill; newspapers are most alert to civil liberties when there is a hint of press censorship in the air. And educators become perturbed at every effort to curb academic freedom. But too seldom do all of these become militant when ostensibly the rights of only one group are threatened. They do not always react to the truism that when the rights of any individual or group are chipped away, the freedom of all erodes.
That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most conduce to their own happiness, is the basis, on which the whole American fabric has been erected.... The principles, therefore, so established, are deemed fundamental. And as the authority, from which they proceed, is supreme ... they are designed to be permanent.... The powers of the legislature are defined, and limited; and that those limits may not be mistaken, or forgotten, the constitution is written.
State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. ... Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c., are component parts of this mass. No direct general power over these objects is granted to Congress, and, consequently, they remain subject to State legislation.