American Jurist, Teacher, Supreme Court Justice
American Jurist, Teacher, Supreme Court Justice
The liberty of man to search for truth ought not to be fettered, no matter what orthodoxies he may challenge.
The line must follow some direction of policy, whether rooted in logic or experience. Lines should not be drawn simply for the sake of drawing lines.
The real rulers in Washington are invisible and exercise power from behind the scenes.
The requirement of “due process” is not a fair-weather or timid assurance. It must be respected in periods of calm and in times of trouble; it protects aliens as well as citizens.
The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.
Time and experience have forcefully taught that the power to inspect dwelling places, either as a matter of systematic area-by-area search or, as here, to treat a specific problem, is of indispensable importance in the maintenance of community health; a power that would be greatly hobbled by the blanket requirement of the safeguards necessary for a search of evidence of criminal acts.
To be effective, judicial administration must not be leaden-footed.
To pierce the curtain of the future, to give shape and visage to mysteries still in the womb of time, is the gift of the imagination. It requires poetic sensibilities with which judges are rarely endowed and which their education does not normally develop.
To some lawyers, all facts are created equal
We forget that the most successful statesmen have been professionals. Lincoln was a professional politician.
We have enjoyed so much freedom for so long that we are perhaps in danger of forgetting how much blood it cost to establish the Bill of Rights.
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.
While it is not always profitable to analogize "fact" to "fiction," La Fontaine's fable of the crow, the cheese, and the fox demonstrates that there is a substantial difference between holding a piece of cheese in the beak and putting it in the stomach.
Without a free press there can be no free society. That is axiomatic. However, freedom of the press is not an end in itself but a means to the end of a free society. The scope and nature of the constitutional guarantee of the freedom of the press are to be viewed and applied in that light.
A license cannot be revoked because a man is redheaded or because he was divorced, except for a calling, if such there be, for which redheadedness or an unbroken marriage may have some rational bearing. If a State licensing agency lays bare its arbitrary action, or if the State law explicitly allows it to act arbitrarily, that is precisely the kind of State action which the Due Process Clause forbids.
I know of no title that I deem more honorable than that of Professor of the Harvard Law School.
Judgment must take account of what it decrees for today in order that today may not paralyze tomorrow.
After all, advocates, including advocates for States, are like managers of pugilistic and election contestants, in that they have a propensity for claiming everything.
If one starts with the assumption that, in the absence of specific Congressional authority, a fixed rule of law precludes contracting officers from providing in a Government contract terms reasonably calculated to assure its performance even though there be no money loss through a particular default, there is no problem. But answers are not obtained by putting the wrong question and thereby begging the real one.
Judicial judgment must take deep account ... of the day before yesterday in order that yesterday may not paralyze today.
After all, this is the Nation's ultimate judicial tribunal, nor a super-legal-aid bureau.
If the function of this Court is to be essentially no different from that of a legislature, if the considerations governing constitutional construction are to be substantially those that underlie legislation, then indeed judges should not have life.
Lawyers better remember they are human beings, and a human being who hasn't his periods of doubts and distresses and disappointments must be a cabbage, not a human being. That is number one.
Appeal must be to an informed, civically militant electorate.
In any event, mere speed is not a test of justice. Deliberate speed is. Deliberate speed takes time. But it is time well spent.