193 quotes found
"From Bad Boy of Music, on his life as a concert pianist:"
"From Bad Boy of Music, on dealing with unruly audiences:"
"Television is a medium, so called because it is neither rare nor well-done."
"Nothing in Moderation."
"This case, involving legal requirements for the content and labeling of meat products such as frankfurters, affords a rare opportunity to explore simultaneously both parts of Bismarck's aphorism that 'No man should see how laws or sausages are made.'"
"I define speech as any communicative activity. [Can it be nonverbal?] Yes. [Can it be nonverbal and also not written?] Yes. [Can it encompass physical actions?] Yes. Watt [Community for Creative Non-Violence v. Watt, 703 F.2d 586 (1983)] was a case in which what was at issue was sleeping as communicative activity. What I said was that for purposes of the heightened protections that are accorded, sleeping could not be speech. That is to say, I did not say that one could prohibit sleeping merely for the purpose of eliminating the communicative aspect of sleeping, if there is any . . . [and] I did not say that the Government could seek to prohibit that communication without running afoul of the heightened standards of the first amendment. If they passed a law that allows all other sleeping but only prohibits sleeping where it is intended to communicate, then it would be invalidated. But what I did say was, where you have a general law that just applies to an activity which in itself is normally not communicative, such as sleeping, spitting, whatever you like; clenching your fist, for example; such a law would not be subject to the heightened standards of the first amendment. That is to say, if there is ordinary justification for it, it is fine. It does not have to meet the high need, the no other available alternative requirements of the first amendment. Whereas, when you are dealing with communicative activity, naturally communicative activity—writing, speech, and so forth— any law, even if it is general, across the board, has to meet those higher standards."
"In law school, I never understood [antitrust law]. I later found out, in reading the writings of those who now do understand it, that I should not have understood it because it did not make any sense then."
"Frequently an issue of this sort will come before the Court clad, so to speak, in sheep's clothing: the potential of the asserted principle to effect important change in the equilibrium of power is not immediately evident, and must be discerned by a careful and perceptive analysis. But this wolf comes as a wolf."
"Evidently, the governing standard is to be what might be called the unfettered wisdom of a majority of this Court, revealed to an obedient people on a case-by-case basis."
"How frightening it must be to have your own independent counsel and staff appointed, with nothing else to do but to investigate you until investigation is no longer worthwhile."
"Those who believe that racial preferences can help to 'even the score' display, and reinforce, a manner of thinking about race that was the source of the injustice and that will, if it endures within our society, be the source of more injustice still."
"Justice White's conclusion is perhaps correct, if one assumes that the task of a court of law is to plumb the intent of the particular Congress that enacted a particular provision. That methodology is not mine nor, I think, the one that courts have traditionally followed. It is our task, as I see it, not to enter the minds of the Members of Congress - who need have nothing in mind in order for their votes to be both lawful and effective - but rather to give fair and reasonable meaning to the text of the United States Code, adopted by various Congresses at various times."
"We reject the dissent's contention that our approach, by "largely return[ing] the task of defining the contours of Eighth Amendment protection to political majorities," leaves "‘[c]onstitutional doctrine [to] be formulated by the acts of those institutions which the Constitution is supposed to limit,'" [...] By reaching a decision supported neither by constitutional text nor by the demonstrable current standards of our citizens, the dissent displays a failure to appreciate that "those institutions which the Constitution is supposed to limit" include the Court itself. To say, as the dissent says, that "‘it is for us ultimately to judge whether the Eighth Amendment permits imposition of the death penalty,'" (quoting Enmund v. Florida) -- and to mean that as the dissent means it, i.e., that it is for us to judge, not on the basis of what we perceive the Eighth Amendment originally prohibited, or on the basis of what we perceive the society through its democratic processes now overwhelmingly disapproves, but on the basis of what we think "proportionate" and "measurably contributory to acceptable goals of punishment" -- to say and mean that, is to replace judges of the law with a committee of philosopher-kings."
"The outcome of today's case will doubtless be heralded as a triumph of judicial statesmanship. It is not that, unless it is statesmanlike needlessly to prolong this Court's self-awarded sovereignty over a field where it has little proper business, since the answers to most of the cruel questions posed are political, and not juridical -- a sovereignty which therefore quite properly, but to the great damage of the Court, makes it the object of the sort of organized public pressure that political institutions in a democracy ought to receive. […] Ordinarily, speaking no more broadly than is absolutely required avoids throwing settled law into confusion; doing so today preserves a chaos that is evident to anyone who can read and count. Alone sufficient to justify a broad holding is the fact that our retaining control, through Roe, of what I believe to be, and many of our citizens recognize to be, a political issue, continuously distorts the public perception of the role of this Court. We can now look forward to at least another Term with carts full of mail from the public, and streets full of demonstrators, urging us -- their unelected and life-tenured judges who have been awarded those extraordinary, undemocratic characteristics precisely in order that we might follow the law despite the popular will -- to follow the popular will. Indeed, I expect we can look forward to even more of that than before, given our indecisive decision today. […] It was an arguable question today whether [Section] 188.029 of the Missouri law contravened this Court’s understanding of Roe v. Wade, and I would have examined Roe rather than examining the contravention. […] Of the four courses we might have chosen today -- to reaffirm Roe, to overrule it explicitly, to overrule it sub silentio, or to avoid the question -- the last is the least responsible. On the question of the constitutionality of [Section] 188.029, I concur in the judgment of the Court and strongly dissent from the manner in which it has been reached."
"As I understand the various opinions today: One Justice holds that two-parent notification is unconstitutional (at least in present circumstances) without judicial bypass, but constitutional with bypass […]; four Justices would hold that two-parent notification is constitutional with or without bypass […]; four Justices would hold that two-parent notification is unconstitutional with or without bypass, though the four apply two different standards […]; six Justices hold that one-parent notification with bypass is constitutional, though for two different sets of reasons […]; and three Justices would hold that one-parent notification with bypass is unconstitutional […]. One will search in vain the document we are supposed to be construing for text that provides the basis for the argument over these distinctions and will find in our society’s tradition regarding abortion no hint that the distinctions are constitutionally relevant, much less any indication how a constitutional argument about them ought to be resolved. The random and unpredictable results of our consequently unchanneled individual views make it increasingly evident, Term after Term, that the tools for this job are not to be found in the lawyer’s – and hence not in the judges – workbox. I continue to dissent from this enterprise of devising an Abortion Code, and from the illusion that we have authority to do so."
"The Constitution contains no right to abortion. It is not to be found in the longstanding traditions of our society, nor can it be logically deduced from the text of the Constitution - not, that is, without volunteering a judicial answer to the nonjusticiable question of when human life begins. Leaving this matter to the political process is not only legally correct, it is pragmatically so. That alone - and not lawyerly dissection of federal judicial precedents - can produce compromises satisfying a sufficient mass of the electorate that this deeply felt issue will cease distorting the remainder of our democratic process. The Court should end its disruptive intrusion into this field as soon as possible."
"The point at which life becomes 'worthless,' and the point at which the means necessary to preserve it become 'extraordinary' or 'inappropriate,' are neither set forth in the Constitution nor known to the nine Justices of this Court any better than they are known to nine people picked at random from the Kansas City telephone directory...[therefore] even when it is demonstrated by clear and convincing evidence that a patient no longer wishes certain measures to be taken to preserve her life, it is up to the citizens of Missouri to decide, through their elected representatives, whether that wish will be honored."
"I am persuaded, therefore, that the Maryland procedure is virtually constitutional. Since it is not, however, actually constitutional, I would affirm the judgment of the Maryland Court of Appeals reversing the judgment of conviction."
"Today's extension of the Edwards prohibition is the latest stage of prophylaxis built upon prophylaxis, producing a veritable fairyland castle of imagined constitutional restriction upon law enforcement."
"The story is told of the elderly judge who, looking back over a long career, observes with satisfaction that, when I was young, I probably let stand some convictions that should have been overturned, and when I was old I probably set aside some that should have stood; so overall, justice was done. I sometimes think that is an appropriate analogy to this Court's constitutional jurisprudence, which alternately creates rights that the Constitution does not contain and denies rights that it does. Compare Roe v. Wade, 410 U.S. 113 (1973) (right to abortion does exist) with Maryland v. Craig, 497 U.S. 836 (1990) (right to be confronted with witnesses, U.S. Const., Amdt. 6, does not)."
"Perhaps the dissenters believe that 'offense to others' ought to be the only reason for restricting nudity in public places generally. . . . The purpose of Indiana's nudity law would be violated, I think, if 60,000 fully consenting adults crowded into the Hoosierdome to display their genitals to one another, even if there were not an offended innocent in the crowd."
"Life is too short to pursue every human act to its most remote consequences; "for want of a nail, a kingdom was lost" is a commentary on fate, not the statement of a major cause of action against a blacksmith."
"I think [that] '[t]he judicial Power of the United States' conferred upon this Court 'and such inferior courts as Congress may establish', must be deemed to be the judicial power as understood by our common-law tradition. That is the power 'to say what the law is', Marbury v. Madison, 1 Cranch 137, 177 (1803), not the power to change it."
"The Court's statement that it is 'tempting' to acknowledge the authoritativeness of tradition in order to 'curb the discretion of federal judges' is, of course, rhetoric rather than reality; no government official is 'tempted' to place restraints upon his own freedom of action, which is why Lord Acton did not say 'Power tends to purify.' The Court's temptation is in the quite opposite and more natural direction -- towards systematically eliminating checks upon its own power; and it succumbs."
"In Barnette, we held that a public school student could not be compelled to recite the Pledge; we did not even hint that she could not be compelled to observe respectful silence. . . . Logically, that ought to be the next target for the Court's bulldozer."
"I find it a sufficient embarrassment that our Establishment Clause jurisprudence regarding holiday displays has come to 'require[e] scrutiny more commonly associated with interior decorators than with the judiciary'. But interior decorating is a rock hard science compared to psychology practiced by amateurs."
"The Court's reliance upon stare decisis can best be described as contrived. It insists upon the necessity of adhering not to all of Roe, but only to what it calls the 'central holding.' It seems to me that stare decisis ought to be applied even to the doctrine of stare decisis, and I confess never to have heard of this new, keep-what-you-want-and-throw-away-the-rest version."
"I frankly doubt, moreover, whether the fiercely proud men who adopted our Fourth Amendment would have allowed themselves to be subjected, on mere suspicion of being armed and dangerous, to such indignity."
"As to the Court's invocation of the Lemon test: Like some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried, Lemon stalks our Establishment Clause jurisprudence once again, frightening the little children and school attorneys of Center Moriches Union Free School District. Its most recent burial, only last Term, was, to be sure, not fully six feet under: Our decision in Lee v. Weisman conspicuously avoided using the supposed test but also declined the invitation to repudiate it. Over the years, however, no fewer than five of the currently sitting Justices have, in their own opinions, personally driven pencils through the creature's heart (the author of today's opinion repeatedly), and a sixth has joined an opinion doing so. The secret of the Lemon test's survival, I think, is that it is so easy to kill. It is there to scare us (and our audience) when we wish it to do so, but we can command it to return to the tomb at will. Such a docile and useful monster is worth keeping around, at least in a somnolent state; one never knows when one might need him."
"'Abusive' (or 'hostile,' which in this context I take to mean the same thing) does not seem to me a very clear standard - and I do not think clarity is at all increased by adding the adverb objectively or by appealing to a reasonable person's notion of what the vague word means."
"Justice Blackmun begins his statement [declaring Blackmun's opposition to capital punishment] by describing with poignancy the death of a convicted murderer by lethal injection. He chooses, as the case in which to make that statement, one of the less brutal of the murders that regularly come before us, the murder of a man ripped by a bullet suddenly and unexpectedly, with no opportunity to prepare himself and his affairs, and left to bleed to death on the floor of a tavern. The death-by-injection which Justice Blackmun describes looks pretty desirable next to that. It looks even better next to some of the other cases currently before us, which Justice Blackmun did not select as the vehicle for his announcement that the death penalty is always unconstitutional, for example, the case of the 11-year-old girl raped by four men and then killed by stuffing her panties down her throat. See McCollum v. North Carolina. How enviable a quiet death by lethal injection compared with that!"
"I have been willing, in the case of civil statutes, to acknowledge a doctrine of scrivener's error that permits a court to give an unusual (though not unheard of) meaning to a word which, if given its normal meaning, would produce an absurd and arguably unconstitutional result."
"The Court today finds that the Powers That Be, up in Albany, have conspired to effect an establishment of the Satmar Hasidim. I do not know who would be more surprised at this discovery: the Founders of our Nation or Grand Rebbe Joel Teitelbaum, founder of the Satmar. The Grand Rebbe would be astounded to learn that after escaping brutal persecution and coming to America with the modest hope of religious toleration for their ascetic form of Judaism, the Satmar had become so powerful, so closely allied with Mammon, as to have become an establishment of the Empire State. And the Founding Fathers would be astonished to find that the Establishment Clause — which they designed to insure that no one powerful sect or combination of sects could use political or governmental power to punish dissenters — has been employed to prohibit characteristically and admirably American accommodation of the religious practices (or more precisely, cultural peculiarities) of a tiny minority sect. I, however, am not surprised. Once this Court has abandoned text and history as guides, nothing prevents it from calling religious toleration the establishment of religion."
"Individuals who have been wronged by unlawful racial discrimination should be made whole; but under our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual . . . . To pursue the concept of racial entitlement - even for the most admirable and benign of purposes - is to reinforce and preserve for future mischief the way of thinking that produced race slavery, race privilege and race hatred. In the eyes of government, we are just one race here. It is American."
"Words do have a limited range of meaning, and no interpretation that goes beyond that range is permissible."
"The Court has mistaken a Kulturkampf for a fit of spite. The constitutional amendment before us here is not the manifestation of a "'bare ... desire to harm' " homosexuals, ante, at 634, but is rather a modest attempt by seemingly tolerant Coloradans to preserve traditional sexual mores against the efforts of a politically powerful minority to revise those mores through use of the laws. That objective, and the means chosen to achieve it, are not only unimpeachable under any constitutional doctrine hitherto pronounced (hence the opinion's heavy reliance upon principles of righteousness rather than judicial holdings); they have been specifically approved by the Congress of the United States and by this Court. In holding that homosexuality cannot be singled out for disfavorable treatment, the Court contradicts a decision, unchallenged here, pronounced only 10 years ago, see Bowers v. Hardwick, 478 U. S. 186 (1986), and places the prestige of this institution behind the proposition that opposition to homosexuality is as reprehensible as racial or religious bias. Whether it is or not is precisely the cultural debate that gave rise to the Colorado constitutional amendment (and to the preferential laws against which the amendment was directed.) Since the Constitution of the United States says nothing about this subject, it is left to be resolved by normal democratic means, including the democratic adoption of provisions in state constitutions. This Court has no business imposing upon all Americans the resolution favored by the elite class from which the Members of this institution are selected, pronouncing that "animosity" toward homosexuality, ante, at 634, is evil. I vigorously dissent."
"It is one of the unhappy incidents of the federal system that a self-righteous Supreme Court, acting on its Members' personal view of what would make a 'more perfect Union' (a criterion only slightly more restrictive than a 'more perfect world') can impose its own favored social and economic dispositions nationwide."
"It is hard to consider women a 'discrete and insular minority', unable to employ the 'political processes ordinarily to be relied upon' when they constitute a majority of the electorate. And the suggestion that they are incapable of exerting that political power smacks of the same paternalism that the Court so roundly condemns."
"The tradition of having government-funded military schools for men is as well rooted in the traditions of this country as the tradition of sending only men into military combat. The people may decide to change the one tradition, like the other, through democratic processes; but the assertion that either tradition has been unconstitutional through the centuries is not law, but politics-smuggled-into-law."
"What secret knowledge, one must wonder, is breathed into lawyers when they become Justices of this Court, that enables them to discern that a practice which the text of the Constitution does not clearly proscribe, and which our people have regarded as constitutional for 200 years, is in fact unconstitutional? […] The Court must be living in another world. Day by day, case by case, it is busy designing a Constitution for a country I do not recognize."
"I respectfully, and indeed diffidently, dissent."
"Bork has essentially given up. I'm not ready to throw in the towel."
"I'm not going to rip all that up. It's water over the dam. The people have gotten used to it. You know, that's what Stare Decisis is all about. In other words, I am an originalist. I am a textualist. I am not a nut."
"Textualism should not be confused with so-called strict constructionism, which is a degraded form of textualism that brings the whole philosophy into disrepute. I am not a strict constructionist, and no one ought to be--though better that, I suppose, than a nontextualist. A text should not be construed strictly, and it should not be construed leniently; it should be construed reasonably, to contain all that it fairly means."
"If to state this case is not to decide it, the law has departed further from the meaning of language than is appropriate for a government that is supposed to rule (and to be restrained) through the written word."
"Avant-garde artistes such as respondents remain entirely free to épater les bourgeois [shock the middle classes]; they are merely deprived of the additional satisfaction of having the bourgeoisie taxed to pay for it. It is preposterous to equate the denial of taxpayer subsidy with measures 'aimed at the suppression of dangerous ideas.'"
"'The operation was a success, but the patient died.' What such a procedure is to medicine, the Court's opinion in this case is to law."
"Legislative flexibility on the part of Congress will be the touchstone of federalism when the capacity to support combustion becomes the acid test of a fire extinguisher. Congressional flexibility is desirable, of course - but only within the bounds of federal power established by the Constitution. Beyond those bounds (the theory of our Constitution goes), it is a menace."
"In my view, a right of parents to direct the upbringing of their children is among the 'unalienable Rights' with which the Declaration of Independence proclaims 'all Men . . . are endowed by their Creator.'"
"What today's decision will stand for, whether the Justices can bring themselves to say it or not, is the power of the Supreme Court to write a prophylactic, extraconstitutional Constitution, binding on Congress and the States."
"The notion that the Constitution of the United States, designed, among other things, 'to establish Justice, insure domestic Tranquility, . . . and secure the Blessings of Liberty to ourselves and our Posterity,' prohibits the States from simply banning this visibly brutal means of eliminating our half-born posterity is quite simply absurd."
"If one assumes, however, that the PGA TOUR has some legal obligation to play classic, Platonic golf—and if one assumes the correctness of all the other wrong turns the Court has made to get to this point—then we Justices must confront what is indeed an awesome responsibility. It has been rendered the solemn duty of the Supreme Court of the United States, laid upon it by Congress in pursuance of the Federal Government's power [t]o regulate Commerce with foreign Nations, and among the several States, U. S. Const., Art. I, § 8, cl. 3, to decide What Is Golf. I am sure that the Framers of the Constitution, aware of the 1457 edict of King James II of Scotland prohibiting golf because it interfered with the practice of archery, fully expected that sooner or later the paths of golf and government, the law and the links, would once again cross, and that the judges of this august Court would some day have to wrestle with that age-old jurisprudential question, for which their years of study in the law have so well prepared them: Is someone riding around a golf course from shot to shot really a golfer? The answer, we learn, is yes. The Court ultimately concludes, and it will henceforth be the Law of the Land, that walking is not a fundamental aspect of golf."
"I am left to defend the 'dead' Constitution."
"My difficulty with Roe v. Wade is a legal rather than a moral one. I do not believe – and no one believed for 200 years – that the Constitution contains a right to abortion. And if a state were to permit abortion on demand, I would and could in good conscience vote against an attempt to invalidate that law, for the same reason that I vote against invalidation of laws that contradict Roe v. Wade; namely, simply because the Constitution gives the federal government and, hence, me no power over the matter."
"Today's decision is the pinnacle of our Eighth Amendment death-is-different jurisprudence. Not only does it, like all of that jurisprudence, find no support in the text or history of the Eighth Amendment; it does not even have support in current social attitudes regarding the conditions that render an otherwise just death penalty inappropriate. Seldom has an opinion of this Court rested so obviously upon nothing but the personal views of its members."
"Campaign promises are, by long democratic tradition, the least binding form of human commitment."
"It seems to me that the more Christian a country is the less likely it is to regard the death penalty as immoral. Abolition has taken its firmest hold in post-Christian Europe, and has least support in the church-going United States. I attribute that to the fact that, for the believing Christian, death is no big deal. Intentionally killing an innocent person is a big deal: it is a grave sin, which causes one to lose his soul. But losing this life, in exchange for the next? The Christian attitude is reflected in the words Robert Bolt’s play has Thomas More saying to the headsman: 'Friend, be not afraid of your office. You send me to God'. For the nonbeliever, on the other hand, to deprive a man of his life is to end his existence."
"Since [Walton v. Arizona, 497 U.S.], I have acquired new wisdom ...or, to put it more critically, have discarded old ignorance"
"[Laws] prohibiting sodomy do not seem to have been enforced against consenting adults acting in private... I do not know what 'acting in private' means; surely consensual sodomy, like heterosexual intercourse, is rarely performed on stage."
"[The Texas anti-sodomy statute] undoubtedly imposes constraints on liberty. So do laws prohibiting prostitution, recreational use of heroin, and, for that matter, working more than 60 hours per week in a bakery. But there is no right to 'liberty' under the Due Process Clause, though today's opinion repeatedly makes that claim. . . . The Fourteenth Amendment expressly allows States to deprive their citizens of 'liberty,' so long as 'due process of law' is provided. . . ."
"If you care passionately about something has become the only test to determine if something is constitutional. How passionately do you care?"
"People look at rights as if they were muscles — the more you exercise them, the better they get."
"You could fire a grapefruit out of a cannon over the best law schools in the country - and that includes Chicago - and not hit an originalist."
"We Americans have a method for making the laws that are over us. We elect representatives to two Houses of Congress, each of which must enact the new law and present it for the approval of a President, whom we also elect. For over two decades now, unelected federal judges have been usurping this lawmaking power by converting what they regard as norms of international law into American law. Today's opinion approves that process in principle, though urging the lower courts to be more restrained. This Court seems incapable of admitting that some matters - any matters - are none of its business."
"Many think it not only inevitable but entirely proper that liberty give way to security in times of national crisis--that, at the extremes of military exigency, inter arma silent leges. Whatever the general merits of the view that war silences law or modulates its voice, that view has no place in the interpretation and application of a Constitution designed precisely to confront war and, in a manner that accords with democratic principles, to accommodate it."
"Robert F. Kennedy used to say, 'Some men see things as they are and ask why. Others dream things that never were and ask why not?'; that outlook has become a far too common and destructive approach to interpreting the law"
"Dispensing with confrontation because testimony is obviously reliable is akin to dispensing with jury trial because a defendant is obviously guilty."
"Judges who find Constitutional rights the Framers never intended take important issues out of the public space of democratic debate and suspend them in a sort of legal formaldehyde."
"Have the courage to have your wisdom regarded as stupidity."
"On the point of the Court's Roper decision: I watched one television commentary on the case in which the host had one person defending the opinion on the ground that people should not be subjected to capital punishment for crimes they commit when they are younger than eighteen, and the other person attacked the opinion on the ground that a jury should be able to decide that a person, despite the fact he was under eighteen, given the crime, given the person involved, should be subjected to capital punishment. And it struck me how irrelevant it was, how much the point had been missed. The question wasn’t whether the call was right or wrong. The important question was who [i.e., the Courts or Congress] should make the call."
"What a mockery today's opinion makes of Hamilton's expectation, announcing the Court's conclusion - that the meaning of our Constitution has changed over the past 15 years—not, mind you, not that this Court's decision 15 years ago was wrong, but that the Constitution has changed. The Court reaches this implausible result by purporting to advert, not to the original meaning of the Eighth Amendment, but to the evolving standards of decency, of our national society. It then finds, on the flimsiest of grounds, that a national consensus which could not be perceived in our people's laws barely 15 years ago now solidly exists."
"The Court thus proclaims itself sole arbiter of our Nation's moral standards—and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent. Words have no meaning if the views of less than 50 percent of death penalty States can constitute a national consensus. Our previous cases have required overwhelming opposition to a challenged practice, generally over a long period of time."
"I think it is up to the judge to say what the Constitution provided, even if what it provided is not the best answer, even if you think it should be amended. If that's what it says, that's what it says."
"Now the Senate is looking for 'moderate' judges, 'mainstream' judges. What in the world is a moderate interpretation of a constitutional text? Halfway between what it says and what we'd like it to say?"
"If you're going to be a good and faithful judge, you have to resign yourself to the fact that you're not always going to like the conclusions you reach. If you like them all the time, you're probably doing something wrong."
"The main business of a lawyer is to take the romance, the mystery, the irony, the ambiguity out of everything he touches."
"I believe that our people’s traditional belief in the right of trial by jury is in perilous decline. That decline is bound to be confirmed, and indeed accelerated, by the repeated spectacle of a man’s going to his death because a judge found that an aggravating factor existed. We cannot preserve our veneration for the protection of the jury in criminal cases if we render ourselves callous to the need for that protection by regularly imposing the death penalty without it."
"Among the questions considered nonjusticiable is the definition of an impeachable offense. Whatever Congress says is an impeachable offense is an impeachable offense."
"On Global Warming, in response to Massachusetts Assistant Attorney General James Milkey's correction of Scalia's reference to the stratosphere: Troposphere, whatever. I told you before I'm not a scientist. That's why I don't want to have to deal with global warming, to tell you the truth."
"I think too many promising young minds are wasted on it."
"Jack Bauer saved Los Angeles. He saved hundreds of thousands of lives, are you going to convict Jack Bauer? Say that criminal law is against him? 'You have the right to a jury trial?' Is any jury going to convict Jack Bauer? I don't think so.""
"I don't think it's a living document, I think it's dead. More precisely, I think it's enduring. It doesn't change. I think that needs to be orthodoxy."
"As Justice Stevens explains, “ ‘objective evidence, though of great importance, [does] not wholly determine the controversy, for the Constitution contemplates that in the end our own judgment will be brought to bear on the question of the acceptability of the death penalty under the Eighth Amendment.’ ” (quoting Atkins v. Virginia). “I have relied on my own experience in reaching the conclusion that the imposition of the death penalty” Purer expression cannot be found of the principle of rule by judicial fiat. In the face of Justice Stevens’ experience, the experience of all others is, it appears, of little consequence. The experience of the state legislatures and the Congress—who retain the death penalty as a form of punishment—is dismissed as “the product of habit and inattention rather than an acceptable deliberative process.” The experience of social scientists whose studies indicate that the death penalty deters crime is relegated to a footnote. The experience of fellow citizens who support the death penalty is described, with only the most thinly veiled condemnation, as stemming from a “thirst for vengeance.” It is Justice Stevens’ experience that reigns over all."
"What if I am an aficionado of bullfights and I think, contrary to the animal cruelty people, that they ennoble both beast and man. I would not be able to market videos showing people how exciting a bullfight."
"Antonin Scalia: It's erected as a war memorial. I assume it is erected in honor of all of the war dead. It's the — the cross is the — is the most common symbol of — of — of the resting place of the dead, and it doesn't seem to me — what would you have them erect? A cross — some conglomerate of a cross, a , and you know, a Moslem half moon and star? Peter Eliasberg: Well, Justice Scalia, if I may go to your first point. The cross is the most common symbol of the resting place of Christians. I have been in Jewish cemeteries. There is never a cross on a tombstone of a Jew. [Laughter.] So it is the most common symbol to honor Christians. Antonin Scalia: I don't think you can leap from that to the conclusion that the only war dead that that cross honors are the Christian war dead. I think that's an outrageous conclusion."
"Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws. You don't need a constitution to keep things up-to-date. All you need is a legislature and a ballot box."
"In the 1970's and 1980's vaccines became, one might say, victims of their own success. They had been so effective in preventing infectious diseases that the public became much less alarmed at the threat of those diseases, and much more concerned with the risk of injury from the vaccines themselves."
"We are not talking here about a federal law prohibiting the States from regulating bubble-gum advertising, or even the construction of nuclear plants. We are talking about a federal law going to the core of state sovereignty: the power to exclude. […] The Court opinion’s looming specter of inutterable horror—‘[i]f [Section] 3 of the Arizona statute were valid, every State could give itself independent authority to prosecute federal registration violations’—seems to me not so horrible and even less looming. But there has come to pass, and is with us today, the specter that Arizona and the States that support it predicted: A Federal Government that does not want to enforce the immigration laws as written, and leaves the States’ borders unprotected against immigrants whom those laws would exclude. So the issue is a stark one. Are the sovereign States at the mercy of the Federal Executive’s refusal to enforce the Nation’s immigration laws? […] Arizona bears the brunt of the country’s illegal immigration problem. Its citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy. Federal officials have been unable to remedy the problem, and indeed have recently shown that they are unwilling to do so. […] Arizona has moved to protect its sovereignty—not in contradiction of federal law, but in complete compliance with it. The laws under challenge here do not extend or revise federal immigration restrictions, but merely enforce those restrictions more effectively. If securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign State."
"If I were king, I would not allow people to go about burning the American flag. However, we have a First Amendment which says that the right of free speech shall not be abridged. And it is addressed, in particular, to speech critical of the government."
"The problem here, however, is suggested by the comment I made earlier, that the initial enactment of this legislation in a — in a time when the need for it was so much more abundantly clear was — in the Senate, there — it was double-digits against it. And that was only a 5-year term. Then, it is reenacted 5 years later, again for a 5-year term. Double-digits against it in the Senate. Then it was reenacted for 7 years. Single digits against it. Then enacted for 25 years, 8 Senate votes against it. And this last enactment, not a single vote in the Senate against it. And the House is pretty much the same. Now, I don't think that's attributable to the fact that it is so much clearer now that we need this. I think it is attributable, very likely attributable, to a phenomenon that is called perpetuation of racial ."
"Today's judgment will, to be sure, have the beneficial effect of solving more crimes; then again, so would the taking of DNA samples from anyone who flies on an airplane (surely the Transportation Security Administration needs to know the “identity” of the flying public), applies for a driver's license, or attends a public school. Perhaps the construction of such a genetic panopticon is wise. But I doubt that the proud men who wrote the charter of our liberties would have been so eager to open their mouths for royal inspection."
"I think the main fight is to dissuade Americans from what the secularists are trying to persuade them to be true: that the separation of church and state means that the government cannot favor religion over nonreligion... That's a possible way to run a political system. The Europeans run it that way... And if the American people want to do it, I suppose they can enact that by statute. But to say that's what the Constitution requires is utterly absurd."
"[N]ot once in the history of the American Republic has this Court ever suggested the death penalty is categorically impermissible. The reason is obvious: It is impossible to hold unconstitutional that which the Constitution explicitly contemplates. The Fifth Amendment provides that "[n]o person shall be held to answer for a capital . . . crime, unless on a presentment or indictment of a Grand Jury," and that no person shall be "deprived of life . . . without due process of law.""
"You're looking at me as though I'm weird. My god! Are you so out of touch with most of America, most of which believes in the devil? I mean, Jesus Christ believed in the devil! It's in the Gospels! You travel in circles that are so, so removed from mainstream America that you are appalled that anybody would believe in the devil! Most of mankind has believed in the devil, for all of history. Many more intelligent people than you or me have believed in the devil."
"The Court's opinion serves up a freedom-destroying cocktail consisting of two parts patent falsity."
"Humanity has been around for at least some 5,000 years or so, and I doubt that the basic challenges it has confronted are any worse now, or, alas, even much different, from what they ever were."
"Perhaps the Patient Protection and Affordable Care Act will attain the enduring status of the Social Security Act or the Taft-Hartley Act; perhaps not. But this Court’s two decisions on the Act will surely be remembered through the years. The somersaults of statutory interpretation they have performed (“penalty” means tax, “further [Medicaid] payments to the State” means only incremental Medicaid payments to the State, “established by the State” means not established by the State) will be cited by litigants endlessly, to the confusion of honest jurisprudence. And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites."
"It is not of special importance to me what the law says about marriage. It is of overwhelming importance, however, who it is that rules me. Today's decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court. The opinion in these cases is the furthest extension in fact—and the furthest extension one can even imagine—of the Court's claimed power to create “liberties” that the Constitution and its Amendments neglect to mention. This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves."
"A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy."
"If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie."
"To tell you the truth there is no place for that in our constitutional tradition. Where did that come from? To be sure, you can't favor one denomination over another but can't favor religion over non-religion?"
"God has been very good to us. That we won the revolution was extraordinary. The Battle of Midway was extraordinary. I think one of the reasons God has been good to us is that we have done him honor. Unlike the other countries of the world that do not even invoke his name we do him honor. In presidential addresses, in Thanksgiving proclamations and in many other ways."
"Winning and losing, that's never been my objective. It's my hope that in the fullness of time, the majority of the court will is come to see things as I do."
"The body of scientific evidence supporting creation science is as strong as that supporting evolution. In fact, it may be stronger.... The evidence for evolution is far less compelling than we have been led to believe. Evolution is not a scientific "fact," since it cannot actually be observed in a laboratory. Rather, evolution is merely a scientific theory or "guess."... It is a very bad guess at that. The scientific problems with evolution are so serious that it could accurately be termed a "myth.""
"Mere factual innocence is no reason not to carry out a death sentence properly reached."
"He was a towering figure who will be remembered as one of the most important figures in the history of the Supreme Court and a scholar who deeply influenced our legal culture. His intellect, learning, wit, and memorable writing will be sorely missed."
"Justice Scalia, do you sodomize your wife?"
"Scalia will be remembered chiefly for moving the conversation about statutory interpretation—in the direction of textualism—and constitutional interpretation—toward originalism. I have almost always found myself on the other side of these debates, but I nonetheless appreciate the magnitude of his influence. He redefined both fields."
"He was a jurist of captivating brilliance and wit, with a rare talent to make even the most sober judge laugh. The press referred to his ‘energetic fervor,’ ‘astringent intellect,’ ‘peppery prose,’ ‘acumen,’ and ‘affability,’ all apt descriptions. He was eminently quotable, his pungent opinions so clearly stated that his words never slipped from the reader’s grasp. […] It was my great good fortune to have known him as working colleague and treasured friend."
"Scalia was one of the most concerned members of the court about criminalizing politics and the line between what's allowed and what's not allowed. I think his voice would have been a very important one in the McDonnell case."
"In January 2002, Supreme Court Associate Justice Antonin Scalia made a major speech so sweeping and extreme in its contempt for democracy, and so willfully oblivious to the Constitution’s grounding in human rather than divine authority, that it might well, in an era when American secularists were less intimidated by the forces of religion, have elicited calls for impeachment."
"Scalia is right to observe that what a person believes happens after death determines his view of it-and therefore, his ethics. It is remarkable that we are the last civilized nation that still puts 'evildoers' to death, and Justice Scalia rightly attributes this to our style of religiosity...Scalia supports the use of capital punishment even in cases where the defendant is acknowledged to be mentally retarded. He also upholds state sodomy laws (in this case, even when they are applied in an exclusive and discriminating way to homosexuals.) Needless to say, Scalia has found legal reasons to insist that the Supreme Court not leaven the religious dogmatism of the states, but he leaves little doubt that he looks to Saint Paul, and perhaps to the barbarous authors of Leviticus for guidance on these matters."
"Scalia will go down in history as one of the most transformational Supreme Court Justices of our nation. His views on interpreting texts have changed the way all of us think and talk about the law. I admired Nino for his brilliance and erudition, his dedication and energy, and his peerless writing. And I treasured Nino’s friendship. I will always remember, and greatly miss, his warmth, charm, and generosity."
"In years to come any history of the Supreme Court will, and must, recount the wisdom, scholarship, and technical brilliance that Justice Scalia brought to the Court. His insistence on demanding standards shaped the work of the Court in its private discussions, its oral arguments, and its written opinions."
"the people's right to have their day in court is being foreclosed. Corporate victories in federal and state elections work hand in hand with this mission by assuring the nomination of more commercially-responsive judges such as Chief Justice Roberts, and Justices Scalia and Alito, with the same being true in many states."
"I am saddened to report that our colleague Justice Antonin Scalia has passed away. He was an extraordinary individual and jurist, admired and treasured by his colleagues. His passing is a great loss to the Court and the country he so loyally served."
"Richard Epstein's book, Takings: Private Property and the Power of the Eminent Domain, is the bible of the "ownership society" of the cowboy capitalists of the 21st century. It is also the bible of judges like Clarence Thomas and Antonio Scalia who have used Epstein's philosophy of takings to undo the Clean Water Act, the Endangered Species Act, and alter laws based on the public trust doctrine."
"[E]ven now, I'm confident Scalia's anti-gay beliefs will remain as a lasting blotch on his memory. But in a few decades—when a majority of Americans can't remember a time when the Constitution did not guarantee gay people the same fundamental rights as heterosexuals—the sting of this rhetoric will dwindle. Scalia, after all, was writing in dissent; his words had little impact on the country. […] Memories of his regrettable prejudices will recede, and in their place will emerge the image of a titan of constitutional law, a deeply principled, sincerely dedicated man who devoted his life to the court he loved."
"The First Amendment, I think, is the jewel of our Constitution."
"I am particularly proud of my contributions in recent cases in which the government has argued in the Supreme Court that racial and ethnic quotas should not be allowed and that the Constitution does not protect a right to an abortion."
"Our country as a whole, no less than the Hastings College of Law, values tolerance, cooperation, learning, and the amicable resolution of conflicts. But we seek to achieve those goals through "[a] confident pluralism that conduces to civil peace and advances democratic consensus-building," not by abridging First Amendment rights."
"In order to have a society in which public issues can be openly and vigorously debated, it is not necessary to allow the brutalization of innocent victims."
"You can't say that marriage is the union between one man and one woman. Until very recently, that's what the vast majority of Americans thought. Now it's considered bigotry."
"The separation of church and state has been a cornerstone of American democracy for over two hundred years. Getting rid of it was long overdue."
"Justice Samuel Alito minced no words in his public evisceration of the Supreme Court’s 6-3 Murthy v. Missouri decision to greenlight the Biden administration’s flagrant First Amendment violations. …While most of his colleagues mocked self-censorship, Alito and his fellow dissidents accurately classified Big Tech and the Biden administration’s coordinated attempt to suppress online speech, especially during the media-fueled panic over Covid-19, as a “serious threat to the First Amendment” that warrants intervention. …Alito concluded his written thrashing with a warning that the threat of government censorship “did not come with expiration dates” or lose steam “merely because White House officials opted not to renew them on a regular basis.” On the contrary, he wrote that Facebook and other Big Tech companies’ publicized promise to “continue reporting to the White House and remain responsive to its concerns for as long as the officials requested” suggests this will be an ongoing losing battle for Americans who want to speak their minds on social media."
"Your record raises troubling questions about whether you appreciate the checks and balances in our Constitution -- the careful efforts of our Founding Fathers to protect us from a government or a president determined to seize too much power over our lives."
"“If you were good friends [with businessman Paul Singer], what were you doing ruling on his case?” said Charles Geyh, an Indiana University law professor and leading expert on recusals. “And if you weren’t good friends, what were you doing accepting this?” referring to the flight on the private jet."
"You have obviously had a very distinguished record, and I certainly commend you for long service in the public interest. I think it is a very commendable career and I am sure you will have a successful one as a judge."
"I believe Mr. Alito has the experience and the skills to be the kind of judge the public deserves – one who is impartial, thoughtful, and fair. I urge the Senate to confirm his nomination."
"The confirmation of Sam Alito as U.S. Attorney for New Jersey is testimony to the commitment he has shown and the success of his efforts as a law enforcement official. I am confident that he will continue to do all he can to uphold the laws of this nation with the kind of determination and vigor that has been his trademark in the past."
"There was the abortion brief and also the brief in the Wygant case. I had a big hand in writing it, and so did Sam Alito, who had this marvelous phrase saying that a particular African American baseball player would not have served as a great role model if the fences had been pulled in every time he was up at bat, a point which some people were greatly offended by because they thought it to be pamphleteering. I thought it was entirely appropriate."
"Of course he's against abortion."
"There's an outside chance that Roberts might assign [the opinion] to Alito, but, you know, [it's] Alito's second year on the Court; he should still do the tax and ERISA cases for a few more years. I think this case is too intersting for him."
"When Justice Samuel Alito wrote the leaked draft of his opinion overturning Roe v. Wade, he cited the conservative argument that someone who places a newborn for adoption today will likely find the baby a good home because of high demand."
"Samuel 'no ladies at Princeton' Alito"
"It is clear that man has functioned in a multitude of states of consciousness and that different cultures have varied enormously in recognition and utilization of, and attitudes toward, ASC's. Many "primitive" peoples, for example, believe that almost every normal adult has the possibility to go into a trance state and be possessed by a god; the adult who cannot do this is a psychological cripple. How deficient Americans would seem to a person from such a culture. In many Eastern civilizations, elaborate techniques have been developed for inducing and utilizing ASC's, such as Yoga and Zen systems. In some cases vocabularies have been developed for talking about these ASC's more adequately. Fredrick Spiegelberg, the noted Indian scholar, pointed out that Sanskrit has about 20 nouns which we translate into "consciousness" or "mind" because we do not have the vocabulary to specify the different shades of meaning in these words."
"Racial prejudice is thus a generalized set of stereotypes of a high degree of consistency which includes emotional responses to race names, a belief in typical characteristics associated with race names, and an evaluation of such traits."
"Value-expressive attitudes not only give clarity to the self-image but also mold the self-image closer to the heart’s desire."
"An organization which depends solely upon its blueprints of prescribed behavior is a very fragile social system."
"Social organizations are flagrantly open systems in that the input of energies and the conversion of output into further energy input consists of transactions between the organization and its environment."
"The aims of social science with respect to human organizations are like those of any other science with respect to the events and phenomena of its domain. Social scientists wish to understand human organizations, to describe what is essential in their form, aspects, and functions."
"System theory is basically concerned with problems of relationships, of structure, and of interdependence rather than with the constant attributes of objects. In general approach it resembles field theory except that its dynamics deal with temporal as well as spatial patterns. Older formulations of system constructs dealt with the closed systems of the physical sciences, in which relatively self-contained structures could be treated successfully as if they were independent of external forces. But living systems, whether biological organisms or social organizations, are acutely dependent on their external environment and so must be conceived of as open systems"
"The homeostatic principle does not apply literally to the functioning of all complex living systems, in that in counteracting entropy they move toward growth and expansion."
"The open system approach to organizations is contrasted with common-sense approaches, which tend to accept popular names and stereotypes as basic organizational properties and to identify the purpose of an organization in terms of the goals of its founders and leaders. The open system approach, on the other hand, begins by identifying and mapping the repeated cycles of input, transformation, output, and renewed input which comprise the organizational pattern. This approach to organizations represents the adaptation of work in biology and in the physical sciences by von Bertalanffy and others."
"Traditional organizational theories have tended to view the human organization as a closed system. This tendency has led to a disregard of differing organizational environments and the nature of organizational dependency on environment. It has led also to an over-concentration on principles of internal organizational functioning, with consequent failure to develop and understand the processes of feedback which are essential to survival."
"The concept of leadership has an ambiguous status in organizational practice, as it does in organizational theory. In practice, management appears to be of two minds about the exercise of leadership. Many jobs are so specified in content and method that within very broad limits differences among individuals become irrelevant, and acts of leadership are regarded as gratuitous at best, and at worst insubordinate"
"The employee-oriented supervisor, in contrast to the production-oriented, or institution-oriented supervisor gives major attention to creating employee motivation. The specific ways in which he does this may vary from situation to situation, but they contribute to a supportive personal relationship between himself and his work group members"
"Katz and Kahn's (1966) The Social Psychology of Organizations has been the most influential. It remains one of the most widely read texts on organizational behaviour. Katz and Kahn develop a perspective in which the systems metaphor is used to mediate approaches as diverse as Marxism, human relations and event-structure theory.... In the synthesizing of structural-functionalism with the principles of general systems theory, Katz and Kahn develop a process model for interpreting organizational actions in terms of input, throughput and output. Their thesis revolves around the notion that formal social systems are homoeos- tatic, possessing qualities of negative entropy, feedback, differentiation and equifinality."
"In the most general sense, organizational psychology is the scientific study of individual and group behavior in formal organizational settings. Katz and Kahn, in their classic work, The Social Psychology of Organizations (1978), stated that the essence of an organization is “patterned” human behavior. When behavior is patterned, some structure is imposed on individuals. This structure typically comes in the form of roles (normative standards governing behavior) as well as a guiding set of values. An organization cannot exist when people just “do their own thing” without any awareness of the behavior of others."
"Today, Keynesian theorizing does not inspire whispers and giggles from the audience. There are many economists under the age of forty who do not take offense when their work is called ‘Keynesian’, and I count myself as one of them. If Keynesian economics was dead in 1980, then today it has been reincarnated."
"It is too early to say there is a consensus about how all these topics fit together. Yet one can say that the new classical challenge has been met: Keynesian economics has been reincarnated into a body with firm microeconomic muscle."
"Despite its flaws, Peddling Prosperity has much to recommend it. There is no book written for a lay audience that explains the economics profession with more perception or clarity than this one."
"Although Keynes’s General Theory provides the foundation for much of our current understanding of economic fluctuations, it is important to remember that classical economics provides the right answers to many fundamental questions."
"If you were going to turn to only one economist to understand the problems facing the economy, there is little doubt that the economist would be John Maynard Keynes. Although Keynes died more than a half-century ago, his diagnosis of recessions and depressions remains the foundation of modern macroeconomics. His insights go a long way toward explaining the challenges we now confront."
"Which brings us to a third group of macroeconomists: those who fall into neither the pro- nor the anti-Keynes camp. I count myself among the ambivalent. We credit both sides with making legitimate points, yet we watch with incredulity as the combatants take their enthusiasm or detestation too far. Keynes was a creative thinker and keen observer of economic events, but he left us with more hard questions than compelling answers."
"A few years ago, I had the good fortune of running across a first edition of Paul's textbook (not the recent reprint of the original text, but an actual 1948 edition). It was a real find. I bought the volume in an online auction for, if my recollection is correct, $35. Talk about consumer surplus! I would have gladly paid many times that. At the next Boston Fed meeting, I took the book along to get Paul to sign it. Below is the book's title page, along with Paul's gracious inscription."
"After more than a quarter-century as a professional economist, I have a confession to make: There is a lot I don’t know about the economy. Indeed, the area of economics where I have devoted most of my energy and attention — the ups and downs of the business cycle — is where I find myself most often confronting important questions without obvious answers."
"The circular-flow diagram offers a simple way of organizing the economic transactions that occur between households and firms in the economy. The two loops of the circular-flow diagram are distinct but related. The inner loop represents the flows of inputs and outputs. The households sell the use of their labor, land, and capital to the firms in the markets for the factors of production. The firms then use these factors to produce goods and services, which in turn are sold to households in the markets for goods..."
"Economics is the study of how society manages its scarce resources. In most societies, resources are allocated not by an all-powerful dictator but through the combined actions of millions of households and firms."
"Countries as well as families benefit from the ability to trade with one another. Trade allows countries to specialize in what they do best and to enjoy a greater variety of goods and services. The Japanese, as well as the French and the Egyptians and the Brazilians, are as much our partners in the world economy as they are our competitors."
"To find a substitute for laboratory experiments, economists pay close attention to the natural experiments offered by history."
"Microeconomics and macroeconomics are closely intertwined. Because changes in the overall economy arise from the decisions of millions of individuals, it is impossible to understand macroeconomic developments without considering the associated microeconomic decisions."
"Economics is a young science, and there is still much to be learned. Economists sometimes disagree because they have different hunches about the validity of alternative theories or about the size of important parameters that measure how economic variables are related."
"A market is a group of buyers and sellers of a particular good or service. The buyers as a group determine the demand for the product, and the sellers as a group determine the supply of the product. Markets take many forms. Some markets are highly organized, such as the markets for many agricultural commodities. In these markets, buyers and sellers meet at a specific time and place, where an auctioneer helps set prices and arrange sales. More often, markets are less organized."
"Market power and externalities are examples of a general phenomenon called market failure—the inability of some unregulated markets to allocate resources efficiently. When markets fail, public policy can potentially remedy the problem and increase economic efficiency. Microeconomists devote much effort to studying when market failure is likely and what sorts of policies are best at correcting market failures. As you continue your study of economics, you will see that the tools of welfare economics developed here are readily adapted to that endeavor. Despite the possibility of market failure, the invisible hand of the marketplace is extraordinarily important."
"Colander: What’s your view of the New Keynesian approach? Tobin: I’m not sure what that means. If it means people like Greg Mankiw, I don’t regard them as Keynesians. I don’t think they have involuntary unemployment or absence of market clearing. It is a misnomer to call Mankiw any form of Keynesian. Colander: How about real-business-cycle theorists? Tobin: Well, that’s just the enemy."
"The schedule is a moral contract or agreement with the men as to a particular machine operation, rate of wages and time. Any change in men [etc.] calls for a new schedule."
"The individual effort method of increasing the reward of the wage-earner includes all that is best in other methods, and attempts to exclude all that is objectionable. Its good points are summed up as follows:"
"Staff standards are not theological abstractions, but scientific approximations, and are evolved for the use of the line, the sole justification of the standards being that they will make line work more efficient. Staff standards being for the benefit of the line and often entrusted to line officials, must be put in the form of permanent instructions so that all may understand what is being aimed at, and deviations by the line be noted and reprimanded."
"We have not put our trust in Kings; let us not put it in natural resources, but grasp the truth that exhaustless wealth lies in the latent and as yet undeveloped capacities of individuals, of corporations, of States."
"Twelve Principles of Efficiency"
"It is psychology, not soil or climate, that enables a man to raise five times as many potatoes per acre as the average in his own state."
"The type for the great newspaper is set up by linotype operators. Apprenticeship is rigorously limited. Some operators can never get beyond the 2500-em class, others with no more personal effort can set 5000 ems. Do the employers test out applicants for apprenticeship so as to be sure to secure boys who will develop into the 5000-em class? They do not: they select applicants for any near reason except the fundamental important one of innate fitness."
"In selecting human assistants such superficialities as education, as physical strength, even antecedent morality, are not as important as the inner attitudes, proclivities, character, which after all determine the man or woman."
"The competent specialist who has supplemented natural gifts and good judgment by analysis and synthesis can perceive attitudes and proclivities even in the very young, much more readily in those semi-matured, and can with almost infallible certainty point out, not only what work can be undertaken with fair hope of success, but also what slight modification or addition and diminution will more than double the personal power."
"The estimate that at least $1,000,000 a day could be saved by the pursuit of methods of scientific management was first made by Mr. Harrington Emerson. It is submitted that, with aggregate operating expenses by the railroads in 1908 of $1,669,938,717, of which $1,035,437,528 was for labor, this estimate appears moderate."
"With the triumph of scientific management, unions would have nothing left to do, and they would have been cleansed of their most evil feature: the restriction of output. To underscore this idea, Taylor fashioned the myth that 'there has never been a strike of men working under scientific management', trying to give it credibility by constant repetition. In similar fashion he incessantly linked his proposals to shorter hours of work, without bothering to produce evidence of "Taylorized" firms that reduced working hours, and he revised his famous tale of Schmidt carrying pig iron at Bethlehem Steel at least three times, obscuring some aspects of his study and stressing others, so that each successive version made Schmidt's exertions more impressive, more voluntary and more rewarding to him than the last. Unlike Harrington Emerson, Taylor was not a charlatan, but his ideological message required the suppression of all evidence of worker's dissent, of coercion, or of any human motives or aspirations other than those his vision of progress could encompass."
"By the time of Frederick Winslow Taylor's death, the gospel of industrial efficiency preached by American scientific managers was commonplace on both sides of the Atlantic. In the following years of world war, reconstruction, and adjustment, scientific management attracted a new generation of advocates and practitioners, many of whom would have perplexed and shocked Taylor and his immediate circle. Of the entrepreneurs of scientific management who succeeded Frank Gilbreth, Harrington Emerson, Richard Feiss, and other pioneers, none was more successful than (1886-1944). Unlike Taylor and his colleagues, Bedaux was and still is a mysterious figure. Secretive to a fault, he avoided professional contacts, refused to write for popular or technical journals, and spurned publicity. Yet he was a master salesman whose operations were global in scope and impact. Only in recent years, with the discovery of the papers of the British Bedaux Company, is it possible to gauge the impact of Bedaux and his extraordinary career."
"The Internal Revenue Code of 1954, a document longer than "War and Peace", is phrased -inevitably, perhaps- in the sort of jargon that stuns the mind and disheartens the spirit."
"(A newspaper columnist who disagreed with the judge´s finding was to remark that the guesses had been so educated as to qualify for summa cum laude.)"
"I find that companies are inclined to be at their most interesting when they are undergoing a little misfortune, and therefore I chose the fall of 1966 as the time to have a look at Xerox."
"I found that business life is full of creative original minds -along with the usual number of second-guessers, of course."
"A man´s study reflects himself as he wishes to be seen publicly, but his journal, if he is honest, reflects something else."
"...both company managements and stockholders might well consider a lesson King Lear learned -that when the role of dissenter is left to the Fool, there may be trouble ahead for everybody."
"In the law of torts there is the maxim: Every dog has one free bite."
"Basel has several first-rate restaurants, and it may be that in the view of the central-bank delegates this advantage outweighs the travel inconvenience, for central banking -or at least European central banking- has a firmly established association with good living."
"...Complains that his son has a low opinion of business; attributes this to ´reverse snobbery´"
"On Thursday, March 14th, panic was added to chaos. London gold dealers, in describing the day´s action, used the un-British words "stampede", "catastrophe", and "nightmare"."
"Fundamentally, the camera is nothing more than a light-tight box, having an arrangement for holding a light-sensitive substance (plate or film) and a device (lens or pinhole) for projecting on this sensitive substance an image of objects external to the camera."
"My friends, the Missionaries have already corrupted and denationalised a large proportion of the boys and girls of the Kendyan chiefs. I could give you names of boys and girls who are at this moment ashamed of their own Singhalese parents; and these boys and girls were educated in Missionary school. And so, from this point of view, the Missionaries have done much positive harm to Ceylon. Let us now sum up- (1) The Missionaries have taught false doctrines. (2) They have misrepresented Christianity. (3) They have divorced you from your ancestral culture. (4) The have made you worldly. (5) They have made your boys and girls ashamed of their own parents."
"I have no doubt that many of you here are fathers and mothers, and have boys and girls in Missionary schools even now. Frankly, do you not think that it is your duty to have them educated as Hindus? For the sake of Government jobs. Are you prepared to sacrifice the interest of your own blood, your own ancestral cultural inheritance, and your own religion? If your boys become doctors, or lawyers and cease to be Hindus, what is the benefit? Is that the ideal transmitted to you by the great Rishis?"
"It is one thing to commit crimes against property, and a vastly different thing to commit crimes in behalf of property. Such is the edict of a system inspired by the sway of property."