chief-justices-of-the-united-states

"The framers of the Constitution employed words in their natural sense; and, where they are plain and clear, resort to collateral aids to interpretation is unnecessary, and cannot be indulged in to narrow or enlarge the text; but where there is ambiguity or doubt, or where two views may well be entertained, contemporaneous and subsequent practical construction is entitled to the greatest weight."

"The power of the state to impose restraints and burdens upon persons and property in conservation and promotion of the public health, good order, and prosperity is a power originally and always belonging to the states, not surrendered to them by the general government, nor directly restrained by the constitution of the United States, and essentially exclusive."

"The Emancipation Proclamation is predicated upon the idea that the President may so annul the constitutions and laws of sovereign states, overthrow their domestic relations, deprive loyal men of their property, and disloyal as well, without trial or condemnation."

"Nothing can be clearer than that what the Constitution intended to guard against was the exercise by the general government of the power of directly taxing persons and property within any State through a majority made up from the other States."

"Thank God that at least in one place all men are equal, in the church of God. I do not consider it any degradation to kneel side by side with a negro in the house of our Heavenly Father."

"It will be admitted on all hands, that with the exception of the powers surrendered by the Constitution of the United States, the people of the several States are absolutely and unconditionally sovereign within their respective territories. It follows that they may impose what taxes they think proper upon persons or things within their dominion, and may apportion them according to their discretion and judgment. They may, if they deem it advisable to do so, exempt certain descriptions of property from taxation, and lay the burden of supporting the government elsewhere. And they may do this in the ordinary forms of legislation or by contract, as may seem best to the people of the State. ... For it can never be maintained in any tribunal in this country, that the people of a State, in the exercise of the powers of sovereignty, can be restrained within narrower limits than those fixed by the Constitution of the United States, upon the ground that they may make contracts ruinous or injurious to themselves. The principle that they are the best judges of what is for their own interest, is the foundation of our political institutions."

"We know that this is a power which may be abused; but that is no argument against its existence. For protection against abuses by legislatures the people must resort to the polls, not to the courts."

"The very highest duty of the States, when they entered into the Union under the Constitution, was to protect all persons within their boundaries in the enjoyment of these 'unalienable rights with which they were endowed by their Creator.' Sovereignty, for this purpose, rests alone with the States. It is no more the duty or within the power of the United States to punish for a conspiracy to falsely imprison or murder within a State, than it would be to punish for false imprisonment or murder itself."

"Overthrow of the Government by force and violence is certainly a substantial enough interest for the Government to limit speech. Indeed, this is the ultimate value of any society, for if a society cannot protect its very structure from armed internal attack, it must follow that no subordinate value can be protected."

"Whatever theoretical merit there may be to the argument that there is a "right" to rebellion against dictatorial governments is without force where the existing structure of the government provides for peaceful and orderly change."

"Laws are made for the government of actions, and while they cannot interfere with mere religious beliefs and opinions, they may with practices."

"There is in our political system a government of each of the several States, and a Government of the United States. Each is distinct from the others, and has citizens of its own who owe it allegiance, and whose rights, within its jurisdiction, it must protect. The same person may be at the same time a citizen of the United States and a citizen of a State, but his rights of citizenship under one of those governments will be different from those he has under the other."

"Property does become clothed with a public interest when used in a manner to make it of public consequence."

"When, therefore, one devotes his property to a use in which the public has an interest, he in effect grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created."

"The policeman on the beat or in the patrol car makes more decisions and exercises broader discretion affecting the daily lives of people every day and to a greater extent, in many respects, than a judge will ordinarily exercise in a week."

"No matter what coercive powers of enforcement governments may assert, the peoples in country after country in all ages have demonstrated that Man was meant to be free but that this ideal can be realized only under the rule of law. And this must be a rule that places restraints on individuals and on governments alike. This is a delicate, a fragile, balance to maintain. It is fragile because it is sustained only by an ideal that requires each person in society, by an exercise of free will, to accept and abide the restraints of a structure of laws."

"If I were writing the Bill of Rights now there wouldn’t be any such thing as the Second Amendment . . . . This has been the subject of one of the greatest pieces of fraud, I repeat the word fraud, on the American public by special interest groups that I have ever seen in my lifetime."

"No one has ever suggested that tax exemption has converted libraries, art galleries, or hospitals into arms of the state or employees "on the public payroll." There is no genuine nexus between tax exemption and establishment of religion."

"History is filled with examples of men and women who rendered highly effective performance without the conventional badges of accomplishment in terms of certificates, diplomas, or degrees. Diplomas and tests are useful servants, but Congress has mandated the commonsense proposition that they are not to become masters of reality."

"For some disputes, trials will be the only means, but for many claims, trial by adversarial contest must go the way of the ancient trial by battle and blood. Our trials are too costly, too painful, too destructive, too inefficient for a truly civilized people."

"The entire legal profession - lawyers, judges, law teachers - has become so mesmerized with the stimulation of the courtroom contest that we tend to forget that we ought to be healers - healers of conflicts. Doctors, in spite of astronomical medical costs, still retain a high degree of public confidence, because they are perceived as healers. Should lawyers not be healers? Healers, not warriors? Healers, not procurers? Healers, not hired guns?"

"In my conception of it, the primary role of the Court is to decide cases. From the decision of cases, of course, some changes develop, but to try to create or substantially change civil or criminal procedure, for example, by judicial decision is the worst possible way to do it. The Supreme Court is simply not equipped to do that job properly."

"We are more casual about qualifying the people we allow to act as advocates in the courtroom than we are about licensing electricians. No other profession is as casual or heedless of reality as ours"

"Chief Justice John Roberts memorably quipped, in the Parents Involved decision that gutted Brown, "The way to stop discrimination on the basis of race is to stop discriminating on the basis of race," which actually meant, ignore the effects of discrimination by pretending to be color-blind."

"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."

"Either he is a liar or he is too naïve to hold any important job including, and especially, this one. This is like a legal ruling written by the little mermaid."

"While John Roberts was surely chosen for a number of reasons-his thin judicial record not the least of them-I do think the Bushies were aware that his golden-boy appearance would be good PR. Even many Democrats were duped into viewing him as a sort of "moderate" conservative. Beneath the attractive facade and genteel personality, however, lies a hideous, Borkish creature. His rulings since I drew this cartoon have neatly borne out my prediction that he would steer the court to the hard right."

"We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them."

"Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute"

"The way to stop discrimination on the basis of race is to stop discriminating on the basis of race."

"Alternatively, the Government proposes that law enforcement agencies "develop protocols to address" concerns raised by cloud computing. Probably a good idea, but the Founders did not fight a revolution to gain the right to government agency protocols."

"Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law... Just who do we think we are?"

"By properly contenting itself with the decision of actual cases or controversies at the instance of someone suffering distinct and palpable injury, the judiciary leaves for the political branches the generalized grievances that are their responsibility under the Constitution. Far from an assault on the other branches, this is an insistence that they are supreme within their respective spheres, protected from intrusion — however welcome or invited — of the judiciary. Separation of powers is a zero-sum game. If one branch unconstitutionally aggrandizes itself, it is at the expense of one of the other branches."

"But the First Amendment protects against the Government; it does not leave us at the mercy of noblesse oblige. We would not uphold an unconstitutional statute merely because the Government promised to use it responsibly. [...] The Government’s assurance that it will apply [a statutory provision] more restrictively than its language provides is pertinent only as an implicit acknowledgment of the potential constitutional problems with a more natural reading."

"All that they seem to say is 'nigger, nigger, nigger'."

"No more slave States; no slave Territories."

"The way to resumption is to resume."

"For, what is slavery? It is the complete and absolute subjection of one person to the control and disposal of another person, by legalized force. We need not argue that no person can be, rightfully, compelled to submit to such control and disposal. All such subjection must originate in force; and, private force not being strong enough to accomplish the purpose, public force, in the form of law, must lend its aid. The Government comes to the help of the individual slaveholder, and punishes resistance to his will, and compels submission. THE GOVERNMENT, therefore, in the case of every individual slave, is THE REAL ENSLAVER, depriving each person enslaved of all liberty and all property, and all that makes life dear, without imputation of crime or any legal process whatsoever. This is precisely what the Government of the United States is forbidden to do by the Constitution. The Government of the United States, therefore, cannot create or continue the relation of master and slave. Nor can that relation be created or continued in any place, district, or territory, over which the jurisdiction of the National Government is exclusive; for slavery cannot subsist a moment after the support of the public force has been withdrawn."

"True democracy makes no enquiry about the color of skin, or the place of nativity, whereever it sees man, it recognizes a being endowed by his Creator with original inalienable rights."

"Congress was right in not limiting, by its reconstruction acts, the right of suffrage to whites; but wrong in the exclusion from suffrage of certain classes of citizens and all unable to take its prescribed retrospective oath, and wrong also in the establishment of despotic military governments for the States and in authorizing military commissions for the trial of civilians in time of peace. There should have been as little military government as possible; no military commissions; no classes excluded from suffrage; and no oath except one of faithful obedience and support to the Constitution and laws, and of sincere attachment to the constitutional Government of the United States."

"The Constitution, in all its provisions, looks to an indestructible Union composed of indestructible States."

"When Chase, Sumner, Stevens, and Wilson talk to the negro of the importance of having the franchise, and stop short of giving the franchise to woman, I proclaim them hypocrites—I proclaim them politicians. They speak so to the newly freed slave, because he has already the ballot in his hands, and they want him to vote for them. We have not that right, and hence they do not speak one word in favor of our attaining the elective franchise."

"When Texas became one of the United States, she entered into an indissoluble relation. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the state. The Act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final."

"Should Congress, in the execution of its powers, adopt measures which are prohibited by the constitution; or should Congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not entrusted to the government; it would become the painful duty of this tribunal, should a case requiring such a decision come before it, to say that such an act was not the law of the land. But where the law is not prohibited, and is really calculated to effect any of the objects entrusted to the government, to undertake here to inquire into the degree of its necessity, would be to pass the line which circumscribes the judicial department, and to tread on legislative ground. This court disclaims all pretensions to such a power."

"The subject is the execution of those great powers on which the welfare of a Nation essentially depends. It must have been the intention of those who gave these powers, to insure, as far as human prudence could insure, their beneficial execution. This could not be done by confiding the choice of means to such narrow limits as not to leave it in the power of Congress to adopt any which might be appropriate, and which were conducive to the end. This provision is made in a constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs."

"In America, the powers of sovereignty are divided between the Government of the Union and those of the States. They are each sovereign with respect to the objects committed to it, and neither sovereign with respect to the objects committed to the other. We cannot comprehend that train of reasoning, which would maintain that the extent of power granted by the people is to be ascertained not by the nature and terms of the grant, but by its date. Some State Constitutions were formed before, some since, that of the United States. We cannot believe that their relation to each other is in any degree dependent upon this circumstance. Their respective powers must, we think, be precisely the same as if they had been formed at the same time. Had they been formed at the same time, and had the people conferred on the General Government the power contained in the Constitution, and on the States the whole residuum of power, would it have been asserted that the Government of the Union was not sovereign, with respect to those objects which were intrusted to it, in relation to which its laws were declared to be supreme? If this could not have been asserted, we cannot well comprehend the process of reasoning which maintains that a power appertaining to sovereignty cannot be connected with that vast portion of it which is granted to the General Government, so far as it is calculated to subserve the legitimate objects of that Government."

"But all legislative powers appertain to sovereignty. The original power of giving the law on any subject whatever is a sovereign power [...] All admit that the Government may legitimately punish any violation of its laws, and yet this is not among the enumerated powers of Congress. The right to enforce the observance of law by punishing its infraction might be denied with the more plausibility because it is expressly given in some cases. Congress is empowered "to provide for the punishment of counterfeiting the securities and current coin of the United States," and "to define and punish piracies and felonies committed on the high seas, and offences against the law of nations." The several powers of Congress may exist in a very imperfect State, to be sure, but they may exist and be carried into execution, although no punishment should be inflicted, in cases where the right to punish is not expressly given. Take, for example, the power "to establish post-offices and post-roads." This power is executed by the single act of making the establishment. But from this has been inferred the power and duty of carrying the mail along the post road from one post office to another. And from this implied power has again been inferred the right to punish those who steal letters from the post office, or rob the mail. It may be said with some plausibility that the right to carry the mail, and to punish those who rob it, is not indispensably necessary to the establishment of a post office and post road. This right is indeed essential to the beneficial exercise of the power, but not indispensably necessary to its existence. So, of the punishment of the crimes of stealing or falsifying a record or process of a Court of the United States, or of perjury in such Court. To punish these offences is certainly conducive to the due administration of justice. But Courts may exist, and may decide the causes brought before them, though such crimes escape punishment. The baneful influence of this narrow construction on all the operations of the Government, and the absolute impracticability of maintaining it without rendering the Government incompetent to its great objects, might be illustrated by numerous examples drawn from the Constitution and from our laws. The good sense of the public has pronounced without hesitation that the power of punishment appertains to sovereignty, and may be exercised, whenever the sovereign has a right to act, as incidental to his Constitutional powers. It is a means for carrying into execution all sovereign powers, and may be used although not indispensably necessary. It is a right incidental to the power, and conducive to its beneficial exercise."

"We must never forget that it is a constitution we are expounding."

"The sword and the purse, all the external relations, and no inconsiderable portion of the industry of the nation, are entrusted to its government. It can never be pretended that these vast powers draw after them others of inferior importance, merely because they are inferior. Such an idea can never be advanced. But it may with great reason be contended, that a government, entrusted with such ample powers, on the due execution of which the happiness and prosperity of the nation so vitally depends, must also be entrusted with ample means for their execution. The power being given, it is the interest of the nation to facilitate its execution. It can never be their interest, and cannot be presumed to have been their intention, to clog and embarrass its execution by withholding the most appropriate means."

"[T]he Government of the Union, though limited in its powers, is supreme within its sphere of action. This would seem to result necessarily from its nature. It is the Government of all; its powers are delegated by all; it represents all, and acts for all. Though any one State may be willing to control its operations, no State is willing to allow others to control them. The nation, on those subjects on which it can act, must necessarily bind its component parts. But this question is not left to mere reason; the people have, in express terms, decided it by saying, [p406] "this Constitution, and the laws of the United States, which shall be made in pursuance thereof," "shall be the supreme law of the land," and by requiring that the members of the State legislatures and the officers of the executive and judicial departments of the States shall take the oath of fidelity to it. The Government of the United States, then, though limited in its powers, is supreme, and its laws, when made in pursuance of the Constitution, form the supreme law of the land, "anything in the Constitution or laws of any State to the contrary notwithstanding.""