Judges From The United States

"As I search the archives of my memory I seem to discern six types or methods which divide themselves from one another with measurable distinctness. There is the type magisterial or imperative; the type laconic or sententious; the type conversational or homely; the type refined or artificial, smelling of the lamp, verging at times upon preciosity or euphuism; the demonstrative or persuasive; and finally the type tonsorial or agglutinative, so called from the shears and the pastepot which are its implements and emblem."

"With traps and obstacles and hazards confronting us on every hand, only blindness or indifference will fail to turn in all humility, for guidance or for warning, to the study of examples."

"The repetition of a catchword can hold analysis in fetters for fifty years or more."

"Justice is not to be taken by storm. She is to be wooed by slow advances. Substitute statute for decision, and you shift the center of authority, but add no quota of inspired wisdom."

"Of that freedom [of thought and speech] one may say that it is the matrix, the indispensable condition, of nearly every other form of freedom."

"Due process is a growth too sturdy to succumb to the infection of the least ingredient of error."

"Price security, we are told, is only a special form of sanitary security; the economic motive is secondary and subordinate; the state intervenes to make its inhabitants healthy, and not to make them rich. On that assumption we are asked to say that intervention will be upheld as a valid exercise by the state of its internal police power, though there is an incidental obstruction to commerce between one state and another. This would be to eat up the rule under the guise of an exception. Economic welfare is always related to health, for there can be no health if men are starving. Let such an exception be admitted, and all that a state will have to do in times of stress and strain is to say that its farmers and merchants and workmen must be protected against competition from without, lest they go upon the poor relief lists or perish altogether. To give entrance to that excuse would be to invite a speedy end of our national solidarity. The Constitution was framed under the dominion of a political philosophy less parochial in range. It was framed upon the theory that the peoples of the several states must sink or swim together, and that in the long run prosperity and salvation are in union and not division."

"Prophecy, however honest, is generally a poor substitute for experience."

"Expediency may tip the scales when arguments are nicely balanced."

"Fraud includes the pretense of knowledge when knowledge there is none."

"Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior."

"The whole problem of the relation between parent and subsidiary corporations is one that is still enveloped in the mists of metaphor. Metaphors in law are to be narrowly watched, for starting as devices to liberate thought, they end often by enslaving it. We say at times that the corporate entity will be ignored when the parent corporation operates a business through a subsidiary which is characterized as an 'alias' or a 'dummy.'... Dominion may be so complete, interference so obtrusive, that by the general rules of agency the parent will be a principal and the subsidiary an agent."

"Inaction without more is not tantamount to choice."

"Fulfillment may fall short of expectation. At least there has been gained a foothold from which occasion can be seized."

"Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had."

"The law has outgrown its primitive stage of formalism when the precise word was the sovereign talisman, and every slip was fatal. It takes a broader view to-day. A promise may be lacking, and yet the whole writing may be "instinct with an obligation," imperfectly expressed. If that is so, there is a contract."

"Consequences cannot alter statutes, but may help to fix their meaning."

"Membership in the bar is a privilege burdened with conditions."

"Just to prove that even the silliest idea can be pursued to its illogical conclusion, Legal Realism spawned Critical Legal Studies."

"For better or worse, we are the Court of Appeals for the Hollywood Circuit. Millions of people toil in the shadow of the law we make, and much of their livelihood is made possible by the existence of intellectual property rights. But much of their livelihood - and much of the vibrancy of our culture - also depends on the existence of other intangible rights: The right to draw ideas from a rich and varied public domain, and the right to mock, for profit as well as fun, the cultural icons of our time."

"The parties are advised to chill."

"In a very real sense, the Constitution is our compact with history . . . [but] the Constitution can maintain that compact and serve as the lodestar of our political system only if its terms are binding on us. To the extent we depart from the document's language and rely instead on generalities that we see written between the lines, we rob the Constitution of its binding force and give free reign to the fashions and passions of the day."

"Overprotecting intellectual property is as harmful as underprotecting it. Creativity is impossible without a rich public domain. Nothing today, likely nothing since we tamed fire, is genuinely new: Culture, like science and technology, grows by accretion, each new creator building on the works of those who came before. Overprotection stifles the very creative forces it's supposed to nurture.""

"Appellate review is not a magic wand and we undermine public confidence in the judicial process when we make it look like it is."

"The majority falls prey to the delusion—popular in some circles—that ordinary people are too careless and stupid to own guns, and we would be far better off leaving all weapons in the hands of professionals on the government payroll. But the simple truth—born of experience—is that tyranny thrives best where government need not fear the wrath of an armed people."

"This is really a pretty good system you have here. What do you call it? "Due process". We're very proud of it."

"I fear that, eventually, we are all going to become collateral damage in the war on drugs, or terrorism, or whatever war is in vogue at the moment."

"With equal pleasure I have as often taken notice, that Providence has been pleased to give this one connected country, to one united people; a people descended from the same ancestors, speaking the same language, professing the same religion, attached to the same principles of government, very similar in their manners and customs, and who, by their joint counsels, arms and efforts, fighting side by side throughout a long and bloody war, have nobly established their general Liberty and Independence."

"It is much to be wished that slavery may be abolished. The honour of the States, as well as justice and humanity, in my opinion, loudly call upon them to emancipate these unhappy people. To contend for our own liberty, and to deny that blessing to others, involves an inconsistency not to be excused."

"That men should pray and fight for their own freedom, and yet keep others in slavery, is certainly acting a very inconsistent, as well as unjust and, perhaps, impious part, but the history of mankind is filled with instances of human improprieties."

"Our people had been so long accustomed to the practice and convenience of having slaves, that very few among them even doubted the propriety and rectitude of it. Some liberal and conscientious men had indeed, by their conduct and writings, drawn the lawfulness of slavery into question."

"The Bible is the best of all books, for it is the word of God and teaches us the way to be happy in this world and in the next. Continue therefore to read it and to regulate your life by its precepts."

"Among the strange things of this world, nothing seems more strange than that men pursuing happiness should knowingly quit the right and take a wrong road, and frequently do what their judgments neither approve nor prefer. Yet so is the fact; and this fact points strongly to the necessity of our being healed, or restored, or regenerated by a power more energetic than any of those which properly belong to the human mind. We perceive that a great breach has been made in the moral and physical systems by the introduction of moral and physical evil; how or why, we know not; so, however, it is, and it certainly seems proper that this breach should be closed and order restored. For this purpose only one adequate plan has ever appeared in the world, and that is the Christian dispensation. In this plan I have full faith. Man, in his present state, appears to be a degraded creature; his best gold is mixed with dross, and his best motives are very far from being pure and free from earth and impurity."

"The Americans are the first people whom heaven has favoured with an opportunity of deliberating upon and choosing forms of government under which they should live."

"By this constitution [NY State 1777] the right of suffrage was, in several instances, restricted to freeholders; it being a favourite maxim with Mr. Jay, that those who own the country ought to govern it."

"Slaves, though held by the laws of men, are free by the laws of God."

"No power on earth has a right to take our property from us without our consent."

"With the sure sagacity of a leader of men, Washington at once selected, for the highest and most responsible stations, the three chief Americans who represented the three forces in the nation which alone could command success in the institution of the government. Hamilton was the head, Jefferson was the heart, and John Jay was the conscience. Washington's just and serene ascendancy was the lambent flame in which these beneficent powers were fused, and nothing less than that ascendancy could have ridden the whirlwind and directed the storm that burst around him."

"It certainly is very desirable that a pacific disposition should prevail among all nations. The most effectual way of producing it, is by extending the prevalence and influence of the gospel. Real Christians will abstain from violating the rights of others, and therefore will not provoke war. Almost all nations have peace or war at the will and pleasure of rulers whom they do not elect, and who are not always wise or virtuous. Providence has given to our people the choice of their rulers, and it is the duty, as well as the privilege and interest, of our Christian nation to select and prefer Christians for their rulers."

"It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision ... You have a right to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy."

"Every man of every color and description has a natural right to freedom."

"Distrust naturally creates distrust, and by nothing is good-will and kind conduct more speedily changed than by invidious jealousies and uncandid imputations, whether expressed or implied."

"It is too true, however disgraceful it may be to human nature, that nations in general will make war whenever they have a prospect of getting anything by it; nay, absolute monarchs will often make war when their nations are to get nothing by it, but for the purposes and objects merely personal, such as thirst for military glory, revenge for personal affronts, ambition, or private compacts to aggrandize or support their particular families or partisans. These and a variety of other motives, which affect only the mind of the sovereign, often lead him to engage in wars not sanctified by justice or the voice and interests of his people."

"Similar sentiments have hitherto prevailed among all orders and denominations of men among us. To all general purposes we have uniformly been one people; each individual citizen everywhere enjoying the same national rights, privileges, and protection. As a nation we have made peace and war: as a nation we have vanquished our common enemies: as a nation we have formed alliances, and made treaties, and entered into various compacts and conventions with foreign States."

"This country and this people seem to have been made for each other, and it appears as if it was the design of Providence, that an inheritance so proper and convenient for a band of brethren, united to each other by the strongest ties, should never be split into a number of unsocial, jealous, and alien sovereignties."

"This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."

"In order to get beyond racism, we must first take account of race. There is no other way. And in order to treat some persons equally, we must treat them differently."

"Poor Joshua! Victim of repeated attacks by an irresponsible, bullying, cowardly, and intemperate father, and abandoned by respondents who placed him in a dangerous predicament and who knew or learned what was going on, and yet did essentially nothing except, as the Court revealingly observes, ante, at 193, "dutifully recorded these incidents in [their] files." It is a sad commentary upon American life, and constitutional principles - so full of late of patriotic fervor and proud proclamations about "liberty and justice for all" - that this child, Joshua DeShaney, now is assigned to live out the remainder of his life profoundly retarded. Joshua and his mother, as petitioners here, deserve - but now are denied by this Court - the opportunity to have the facts of their case considered in the light of the constitutional protection that 42 U.S.C. 1983 is meant to provide.""

"I fear for the future. I fear for the liberty and equality of the millions of women who have lived and come of age in the 16 years since Roe was decided. I fear for the integrity of, and public esteem for, this Court. [...] For today, at least, the law of abortion stands undisturbed. For today, the women of this Nation still retain the liberty to control their destinies. But the signs are evident and very ominous, and a chill wind blows."

"From this day forward, I no longer shall tinker with the machinery of death. For more than 20 years, I have endeavored - indeed, I have struggled - along with a majority of this Court, to develop procedural and substantive rules that would lend more than the mere appearance of fairness to the death penalty endeavor. Rather than continue to coddle the Court's delusion that the desired level of fairness has been achieved and the need for regulation eviscerated, I feel morally and intellectually obligated simply to concede that the death penalty experiment has failed."