Hugo Black, fully Hugo Lafayette Black

Hugo
Black, fully Hugo Lafayette Black
1886
1971

American Politician, Senator for Alabama, Associate Justice of the Supreme Court of the United States

Author Quotes

The Court's justification for consulting its own notions rather than following the original meaning of the Constitution, as I would, apparently is based on the belief of the majority of the Court that for this Court to be bound by the original meaning of the Constitution is an intolerable and debilitating evil; that our Constitution should not be 'shackled to the political theory of a particular era,' and that to save the country from the original Constitution the Court must have constant power to renew it and keep it abreast of this Court's more enlightened theories of what is best for our society. It seems to me that this is an attack not only on the great value of our Constitution itself but also on the concept of a written constitution which is to survive through the years as originally written unless changed through the amendment process which the Framers wisely provided.

The lesson which wars and depressions have taught is that if we want peace, prosperity and happiness at home we must help to establish them abroad.

Words uttered under coercion are proof of loyalty to nothing but self-interest. Love of country must spring from willing hearts and free minds.

Criticism of government finds sanctuary in several portions of the 1st Amendment. It is part of the right of free speech. It embraces freedom of the press.

It is true that [the provisions of the Bill of Rights] were designed to meet ancient evils. But they are the same kind of human evils that have emerged from century to century whenever excessive power is sought by the few at the expense of the many.

The Establishment Clause, unlike the Free Exercise Clause, does not depend upon any showing of direct governmental compulsion and is violated by the enactment of laws which establish an official religion whether those laws operate directly to coerce non-observing individuals or not. This is not to say, of course, that laws officially prescribing a particular form of religious worship do not involve coercion of such individuals. When the power, prestige and financial support of government is placed behind a particular religious belief, the indirect coercive pressure upon religious minorities to conform to the prevailing officially approved religion is plain. But the purposes underlying the Establishment Clause go much further than that. Its first and most immediate purpose rested on the belief that a union of government and religion tends to destroy government and to degrade religion. The history of governmentally established religion, both in England and in this country, showed that whenever government had allied itself with one particular form of religion, the inevitable result had been that it had incurred the hatred, disrespect and even contempt of those who held contrary beliefs. That same history showed that many people had lost their respect for any religion that had relied upon the support of government to spread its faith. The Establishment Clause thus stands as an expression of principle on the part of the Founders of our Constitution that religion is too personal, too sacred, too holy, to permit its "unhallowed perversion" by a civil magistrate. Another purpose of the Establishment Clause rested upon an awareness of the historical fact that governmentally established religions and religious persecutions go hand in hand. The Founders knew that only a few years after the Book of Common Prayer became the only accepted form of religious services in the established Church of England, an Act of Uniformity was passed to compel all Englishmen to attend those services and to make it a criminal offense to conduct or attend religious gatherings of any other kind-- a law which was consistently flouted by dissenting religious groups in England and which contributed to widespread persecutions of people like John Bunyanwho persisted in holding "unlawful [religious] meetings . . . to the great disturbance and distraction of the good subjects of this kingdom... " And they knew that similar persecutions had received the sanction of law in several of the colonies in this country soon after the establishment of official religions in those colonies. It was in large part to get completely away from this sort of systematic religious persecution that the Founders brought into being our Nation, our Constitution, and our Bill of Rights with its prohibition against any governmental establishment of religion.

The Press was protected so that it could bare the secrets of the government and inform the people. Only a free and unrestrained press can effectively expose deception in government. And paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people.

For me, the only correct meaning of that phrase is that our Government must proceed according to the 'law of the land'?that is, according to written constitutional and statutory provisions as interpreted by court decisions.

It would degrade our country and our judicial system to permit our courts to be bullied, insulted and humiliated and the orderly progress thwarted and obstructed by defendants brought before them charged with crimes.

The Establishment Clause? stands as an expression of principle on the part of the Founders? that religion is too personal, too sacred, too holy, to permit its 'unhallowed perversion' by a civil magistrate.

The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government.

Freedom of speech means that you shall not do something to people either for the views they have, or the views they express, or the words they speak or write.

Laws are made to protect the trusting as well as the suspicious

The 'establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between Church and State'.

The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges? views of fairness, reasonableness, or justice.

Freedom to publish means freedom for all and not for some. Freedom to publish is guaranteed by the constitution but freedom to continue to prevent others from publishing is not.

Loyalty must arise spontaneously from the hearts of people who love their country and respect their government.

The fact that there may be other prisoners in this country's jails serving illegal sentences would seem to me to make it all the more imperative that we grant appropriate relief in this case rather than search for some obviously dubious excuse to deny this petitioner's claim.

The United States has a system of taxation by confession.

Freedom to speak and write about public questions is as important to the life of our government as is the heart to the human body. In fact, this privilege is the heart of our government. If that heart be weakened, the result is debilitation; if it be stilled, the result is death.

Never display agony in public in an opinion. Never say that this is an agonizing, difficult decision. Always write it as though it's as clear as crystal.

The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach.

The very first condition of lasting happiness is that a life should be full of purpose, aiming at something outside self.

From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.

No higher duty, or more solemn responsibility rests upon this Court than that of translating into living law and maintaining this constitutional shield deliberately planned and inscribed for the benefit of every human being subject to our Constitution ? of whatever race, creed, or persuasion.

First Name
Hugo
Last Name
Black, fully Hugo Lafayette Black
Birth Date
1886
Death Date
1971
Bio

American Politician, Senator for Alabama, Associate Justice of the Supreme Court of the United States