Judges From The United States

"To be 70 years young is sometimes far more cheerful and hopeful than to be 40 years old."

"Pretty much all the honest truth-telling there is in the world is done by children."

"A moment's insight is sometimes worth a lifetime's experience."

"Beware how you take away hope from any human being."

"The mind of a bigot is like the pupil of the eye; the more light you pour upon it, the closer it contracts."

"A second class mind, but a first class temperament."

"Lawyers spend their professional careers shoveling smoke."

"IF ALL the trees in all the woods were men; And each and every blade of grass a pen; If every leaf on every shrub and tree Turned to a sheet of foolscap; every sea Were changed to ink, and all earth’s living tribes Had nothing else to do but act as scribes, And for ten thousand ages, day and night, The human race should write, and write, and write, Till all the pens and paper were used up, And the huge inkstand was an empty cup, Still would the scribblers clustered round its brink Call for more pens, more paper, and more Ink ❦"

"A good catchword can obscure analysis for fifty years."

"I have no respect for the passion of equality, which seems to me merely idealizing envy — I don't disparage envy but I don't accept it as legitimately my master."

"The interpretation of constitutional principles must not be too literal. We must remember that the machinery of government would not work if it were not allowed a little play in its joints."

"A river is more than an amenity, it is a treasure. It offers a necessity of life that must be rationed among those who have power over it."

"There are some men, who as they approach 70, read the Bible and prepare to die. Others prepare themselves to live to 90. It has been my observation that if a man prepares to live to 90, but dies at 70, no harm is done. If however, a man prepares to live to 70 but ends up dying at 90, then his last 20 years will be hell."

"Young man, the secret of my success is that at an early age I discovered that I was not God."

"The elaborate argument against the constitutionality of the Act if interpreted as we read it, in accordance with its obvious meaning does not need an elaborate answer."

"Some of her answers might excite popular prejudice, but if there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought—not free thought for those who agree with us but freedom for the thought that we hate."

"Courts are apt to err by sticking too closely to the words of a law where those words import a policy that goes beyond them."

"The power to tax is not the power to destroy while this Court sits."

"We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with incompetence. It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind....Three generations of imbeciles are enough."

"If in the long run the beliefs expressed in proletarian dictatorship are destined to be accepted by the dominant forces of the community, the only meaning of free speech is that they should be given their chance and have their way."

"Eloquence may set fire to reason."

"If I were dying, my last words would be, Have faith and pursue the unknown end."

"I confess that I do not understand the principle on which the power to fix a minimum for the wages of women can be denied by those who admit the power to fix a maximum for their hours of work. I fully assent to the proposition that here as elsewhere the distinctions of the law are distinctions of degree, but I perceive no difference in the kind or degree of interference with liberty, the only matter with which we have any concern, between the one case and the other. The bargain is equally affected whichever half you regulate…. It will need more than the Nineteenth Amendment to convince me that there are no differences between men and women, or that legislation cannot take those differences into account."

"The general rule, at least, is that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking."

"If a thing has been practised for two hundred years by common consent, it will need a strong case for the Fourteenth Amendment to affect it."

"A page of history is worth a volume of logic."

"Detached reflection cannot be demanded in the presence of an uplifted knife."

"Men must turn square corners when they deal with the Government."

"I always say, as you know, that if my fellow citizens want to go to Hell I will help them. It's my job."

"Only the emergency that makes it immediately dangerous to leave the correction of evil counsels to time warrants making any exception to the sweeping command, "Congress shall make no law...abridging the freedom of speech.""

"I think that we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country."

"To allow opposition by speech seems to indicate that you think the speech impotent, as when a man says that he has squared the circle, or that you do not care whole-heartedly for the result, or that you doubt either your power or your premises. But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas —that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution."

"It is only the present danger of immediate evil or an intent to bring it about that warrants Congress in setting a limit to the expression of opinion where private rights are not concerned."

"That, at any rate, is the theory of our Constitution. It is an experiment, as all life is an experiment."

"Deep-seated preferences cannot be argued about — you cannot argue a man into liking a glass of beer — and therefore, when differences are sufficiently far reaching, we try to kill the other man rather than let him have his way. But that is perfectly consistent with admitting that, so far as appears, his grounds are just as good as ours."

"Certitude is not the test of certainty. We have been cocksure of many things that were not so."

"Our test of truth is a reference to either a present or an imagined future majority in favor of our view."

"There is in all men a demand for the superlative, so much so that the poor devil who has no other way of reaching it attains it by getting drunk."

"When twenty years ago a vague terror went over the earth and the word socialism began to be heard, I thought and still think that fear was translated into doctrines that had no proper place in the Constitution or the common law. Judges are apt to be naif, simple-minded men, and they need something of Mephistopheles. We too need education in the obvious—to learn to transcend our own convictions and to leave room for much that we hold dear to be done away with short of revolution by the orderly change of law."

"Most men think dramatically, not quantitatively, a fact that the rich would be wise to remember more than they do. We are apt to contrast the palace with the hovel, the dinner at Sherry's with the workingman's pail, and never ask how much or realize how little is withdrawn to make the prizes of success. (Subordinate prizes — since the only prize much cared for by the powerful is power. The prize of the general is not a bigger tent, but command.)"

"I do not think the United States would come to an end if we lost our power to declare an Act of Congress void. I do think the Union would be imperiled if we could not make that declaration as to the laws of the several States."

"I think it not improbable that man, like the grub that prepares a chamber for the winged thing it never has seen but is to be — that man may have cosmic destinies that he does not understand."

"As I grow older I grow calm. If I feel what are perhaps an old man's apprehensions, that competition from new races will cut deeper than working men's disputes and will test whether we can hang together or can fight."

"Vanity is the most philosophical of those feelings that we are taught to despise. For vanity recognizes that if a man is in a minority of one we lock him up, and therefore longs for an assurance from others that one's work has not been in vain."

"The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right."

"The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."

"The character of every act depends upon the circumstances in which it is done."

"A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used."

"The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified; although some decisions with which I have disagreed seem to me to have forgotten the fact."

"Whatever disagreement there may be as to the scope of the phrase "due process of law" there can be no doubt that it embraces the fundamental conception of a fair trial, with opportunity to be heard."