Judges From The United States

"If things are allowed to go on as they are, it is certain that slavery is to be abolished except in Georgia and the other cotton States, and I doubt, ultimately in these States also. By the time the North shall have attained the power, the black race will be in a large majority, and then we will have black governors, black legislatures, black juries, black everything. Is it to be supposed that the white race will stand for that? It is not a supposable case. War will break out everywhere like hidden fire from the earth. We will be overpowered and our men will be compelled to wander like vagabonds all over the earth, and as for our women, the horrors of their state we cannot contemplate in imagination. We will be completely exterminated, and the land will be left in the possession of the blacks, and then it will go back to a wilderness and become another Africa or Saint Domingo. Join the north and what will become of you? They will hate you and your institutions as much as they do now, and treat you accordingly. Suppose they elevated Charles Sumner to the presidency? Suppose they elevated Fred Douglass, your escaped slave, to the presidency? What would be your position in such an event? I say give me pestilence and famine sooner than that."

"What was the reason that induced Georgia to take the step of secession? This reason may be summed up in one single proposition. It was a conviction, a deep conviction on the part of Georgia, that a separation from the North-was the only thing that could prevent the abolition of her slavery. This conviction, sir, was the main cause. It is true, sir, that the effect of this conviction was strengthened by a further conviction that such a separation would be the best remedy for the fugitive slave evil, and also the best, if not the only remedy, for the territorial evil. But, doubtless, if it had not been for the first conviction this step would never have been taken. It therefore becomes important to inquire whether this conviction was well founded."

"I have been appointed by the Convention of the State of Georgia, to present to this Convention, the ordinance of secession of Georgia, and further, to invite Virginia, through this Convention to join Georgia and the other seceded States in the formation of a Southern Confederacy. This, sir, is the whole extent of my mission. 1 have no power to make promises, none to receive promises; no power to bind at all in any respect. But still, sir, it has seemed to me that a proper respect for this Convention requires that I should with some fulness and particularity, exhibit before the Convention the reasons which have induced Georgia to take that important step of secession, and then to lay before the Convention some facts and considerations in favor of the acceptance of the invitation by Virginia. With your permission then, sit, I will pursue this course."

"Is it true, then, that unless there had been a separation from the North, slavery would be abolished in Georgia? I address myself to the proofs of that case."

"In the first place, I say that the North hates slavery, and, in using that expression I speak wittingly. In saying that the Black Republican party of the North hates slavery, I speak intentionally. If there is a doubt upon that question in the mind of any one who listens to me, a few of the multitude of proofs which could fill this room, would, I think, be sufficient to satisfy him. I beg to refer to a few of the proofs that are so abundant; and the first that I shall adduce consists in two extracts from a speech of Lincoln's, made in October 1858. They are as follows: 'I have always hated slavery as much as any abolitionist; I have always been an old line Whig; I have always hated it and I always believed it in the course of ultimate extinction, and if I were in Congress and a vote should come up on the question, whether slavery should be excluded from the territory, in spite of the Dred Scott decision, I would vote that it should.'"

"The majority according to the Northern idea, which will then be the all-pervading, all powerful one, have the right to control. It will be in keeping particularly with the principles of the abolitionists that the majority, no matter of what, shall rule. Is it to be supposed that the white race will stand that? It is not a supposable case. Although not half so numerous, we may readily assume that war will break out everywhere like hidden fire from the earth, and it is probable that the white race, being superior in every respect, may push the other back. They will then call upon the authorities at Washington, to aid them in putting down servile insurrection, and they will send a standing army down upon us, and the volunteers and Wide-Awakes will come in thousands, and we will be overpowered and our men will be compelled to wander like vagabonds all over the earth; and as for our women, the horrors of their state we cannot contemplate in imagination. That is the fate which Abolition will bring upon the white race."

"We will be completely exterminated, and the land will be left in the possession of the blacks, and then it will go back into a wilderness and become another Africa or St. Domingo."

"Benning was a horror show, a fierce advocate for slavery and an ardent secessionist... The only thing in Benning's favor is that he fought hard."

"I believe I have the rights that I have not because the government gave it to me, which you believe, but because I’m just a child of God; I exist."

"[The] National Rifle Association is always arguing that the Second Amendment determines the right to bear arms. But I think it really is the people's right to bear arms in a militia. The NRA thinks it protects their right to have Teflon-coated bullets. But that's not the original understanding."

"Laurence Tribe's constitutional theory is difficult to describe, for it is protean and takes whatever form is necessary at the moment to reach a desired result."

"The American press is extraordinarily free and vigorous, as it should be. It should be, not because it is free of inaccuracy, oversimplification and bias, but because the alternative to that freedom is worse than those failings."

"The truth is that the judge who looks outside the historic Consitution always looks inside himself and nowhere else."

"By 1954, when Brown came up for decision, it had been apparent for some time that segregation rarely if ever produced equality. Quite aside from any question of psychology, the physical facilities provided for blacks were not as good as those provided for whites. That had been demonstrated in a long series of cases . . . The Court's realistic choice, therefore, was either to abandon the quest for equality by allowing segregation or to forbid segregation in order to achieve equality. There was no third choice. Either choice would violate one aspect of the original understanding, but there was no possibility of avoiding that. Since equality and segregation were mutually inconsistent, though the ratifiers did not understand that, both could not be honored. When that is seen, it is obvious the Court must choose equality and prohibit state-imposed segregation. The purpose that brought the fourteenth amendment into being was equality before the law, and equality, not separation, was written into the law."

"I don't think the Constitution is studied almost anywhere, including law schools. In law schools, what they study is what the court said about the Constitution. They study the opinions. They don't study the Constitution itself."

"Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of the Government, and the doors of the Federal courts would be shut on the fingers of millions of citizens for whom the judiciary is—and is often the only—protector of the individual rights that are the heart of our democracy ... President Reagan is still our president. But he should not be able to reach out from the muck of Irangate, reach into the muck of Watergate and impose his reactionary vision of the Constitution on the Supreme Court and the next generation of Americans. No justice would be better than this injustice."

"One of the uses of history is to free us of a falsely imagined past. The less we know of how ideas actually took root and grew, the more apt we are to accept them unquestioningly, as inevitable features of the world in which we move. One reason for the stifling solidity of received opinion about antitrust, why counterargument makes so little headway, is that most of us accept our first principles and even our intermediate premises uncritically, as given, because we assume that they were established theoretically and confirmed empirically by legislatures and judges long ago. Discussion begins from there."

"Only a very foolish lawyer will dare guess the outcome of a jury trial."

"To the somnambulist, sleep-walking may seem more pleasant and less hazardous than wakeful walking, but the latter is the wiser mode of locomotion in the congested traffic of a modern community. It is about time to abandon judicial somnambulism."

"One of Judge Jerome Frank's law clerks objected to the length of one of his opinions. He spent all of a week and finally cut it down from sixty-five pages to one-half page. He left both on Judge Frank's desk without comment. The following morning Judge Frank rushed into his clerk's office and shouted, 'Bully for you,' displaying the clerk's work, 'we'll add it to the end'."

"The test of the moral quality of a civilization is its treatment of the weak and powerless."

"(1) If a convicted man has the money to pay the docket fee and for a transcript of the proceedings at his trial, the upper federal court, by at least reading the transcript, will ascertain whether or not there was reversible error at the trial, or whether or not there was such a lack of evidence that the defendant is entitled to a new trial or a dismissal of the indictment. (2) If, however, the defendant is so destitute that he cannot pay the docket fee, and if the trial judge has signed a certificate of 'bad faith,' then although a reading of the transcript shows clear reversible errors, the federal appellate court is powerless to hear the appeal and thus to rectify the errors; and even if the defendant has money enough to pay the docket fee but not enough for a transcript, the upper court usually has no way of determining whether there were such errors, must therefore assume there were none, and must accordingly refuse to consider his appeal. As a consequence, a poor man erroneously convicted-- e.g., where there was insufficient proof of his guilt--must go to prison and stay there. In such a situation-- i.e., where the upper court, if it had the transcript before it, would surely reverse for insufficiency of the evidence or on some other ground, but cannot do so solely because the defendant cannot pay for a transcript-- the result is this: He is punished because he is guilty of the crime of being poor (more or less on the principle, openly avowed in Erewhon only, that one who suffers misfortunes deserves criminal punishment)."

"True, no man can be wholly apart from his fellows. But, if each of us is a promontory, yet the promontory reaches out beyond the social mainland to a point where others cannot intrude. Beyond that point lies an unexplorable lonesomeness, a unique privacy. It is a no-other-man's land, for others can't penetrate it, can't communicate with it."

"To say I removes a false impression of a Jovian aloofness."

"Increasingly constructive doubt is the sign of advancing civilization. We must put question marks along many of our inherited legal dogmas, since they are dangerously out of line with social facts."

"Every lawyer of experience comes to know (more or less unconsciously) that in the great majority of cases, the precedents are none too good as bases of prediction. Somehow or other, there are plenty of precedents to go around."

"It would be almost unbelievable, if history did not record the tragic fact, that men have gone to war and cut each other's throats because they could not agree as to what was to become of them after their throats were cut."

"Reparations are ultimately about respect and reconciliation — and the hope that one day, all Americans can walk together toward a more just future. We owe it to those who were ripped from their homes those many years ago an ocean away; we owe it to the millions of Americans- yes they were Americans – who were born into bondage, knew a life of servitude, and died anonymous deaths, as prisoners of this system. We owe it to the millions of descendants of these slaves, for they are the heirs to a society of inequities and indignities that naturally filled the vacuum after slavery was formally abolished 154 years ago. Today represents the first time in history that the House of Representatives will host a hearing on H.R. 40."

"The mythology built around the Civil War—that victory by the North eradicated slavery and all of its vestiges throughout our nation—has obscured our discussions of the impact of chattel slavery and made it difficult to have a national dialogue on how to fully account for its place in American history and public policy. While it is nearly impossible to determine how the lives touched by slavery could have flourished in the absence of bondage, we have certain datum that permits us to examine how a subset of Americans – African Americans – have been affected by the callousness of involuntary servitude. We know that in almost every segment of society – education, healthcare, jobs and wealth – the inequities that persist in America are more acutely and disproportionately felt in Black America."

"It is perhaps fitting that the hearing occurs on the 19th of June, also known to many in this room, as Juneteenth – the day that, 154 years ago, General Gordon Granger rode into Galveston, Texas and announced the freedom of the last American slaves; belatedly freeing 250,000 slaves in Texas nearly two and a half years after Abraham Lincoln signed the Emancipation Proclamation. Juneteenth was first celebrated in the Texas state capital in 1867 under the direction of the Freedmen's Bureau. Juneteenth was and is a living symbol of freedom for people who did not have it. Today, Juneteenth remains the oldest known celebration of slavery's demise. It commemorates freedom while acknowledging the sacrifices and contributions made by courageous African Americans towards making our great nation the more conscious and accepting country that it has become."

"And let me end as I began, noting that this year is the 400th commemoration of the 1619 arrival of the first captive Africans in English North America, at Point Comfort, Virginia. With those dates as bookends to today’s hearing, let us proceed with the cause of this morning with a full heart, with the knowledge that this work will take time and trust. Let us also do so with the spirit of reconciliation and understanding that this bill represents.”"

"We view the path of the present administration as corroding the international standards the United States had as a negotiator, a mediator and a compromiser for good. Frankly, we lost our way. We did not allow the UN inspectors to proceed in completing their work and did not allow a vigorous international debate before the decision was made to go into Iraq. There were those of us who voted ‘No’ even based upon the overwhelming evidence that this administration tried to present. We have come to the understanding that much of what the members of Congress heard was misrepresenting and misleading. So, that counters what we have been known for in the United States and that is our diplomacy, our willingness to listen, our ability to negotiate."

"The minority must have involvement in society. You can have different cultural practices that you accept. But if you are going to adopt democracy in government, then the government itself must allow the minority to be heard."

"Four hundred years ago, ships set sail from the west coast of Africa and in the process, began one of mankind’s most inhumane practices: human bondage and slavery. For two centuries, human beings – full of hopes and fears, dreams and concerns, ambition and anguish – were transported onto ships like chattel, and the lives of many forever changed. The reverberations from this horrific series of acts – a transatlantic slave trade that touched the shores of a colony that came to be known as America, and later a democratic republic known as the United States of America – are unknown and worthy of exploration. Approximately 4,000,000 Africans and their descendants were enslaved in the United States and colonies that became the United States from 1619 to 1865."

"The institution of slavery was constitutionally and statutorily sanctioned by the Government of the United States from 1789 through 1865. American Slavery is our country’s original sin and its existence at the birth of our nation is a permanent scar on our country’s founding documents, and on the venerated authors of those documents, and it is a legacy that continued well into the last century. The framework for our country and the document to which we all take an oath describes African Americans as three-fifths a person. The infamous Dred Scott decision of the United States Supreme Court, issued just a few decades later, described slaves as private property, unworthy of citizenship. And, a civil war that produced the largest death toll of American fighters in any conflict in our history could not prevent the indignities of Jim Crow, the fire hose at lunch counters and the systemic and institutional discrimination that would follow for a century after the end of the Civil War."

"If any act of Congress, or of the Legislature of a state, violates those constitutional provisions, it is unquestionably void; though, I admit, that as the authority to declare it void is of a delicate and awful nature, the Court will never resort to that authority, but in a clear and urgent case. If, on the other hand, the Legislature of the Union, or the Legislature of any member of the Union, shall pass a law, within the general scope of their constitutional power, the Court cannot pronounce it to be void, merely because it is, in their judgment, contrary to the principles of natural justice. The ideas of natural justice are regulated by no fixed standard: the ablest and the purest men have differed upon the subject; and all that the Court could properly say, in such an event, would be, that the Legislature (possessed of an equal right of opinion) had passed an act which, in the opinion of the judges, was inconsistent with the abstract principles of natural justice."

"The power of impeachment is given by this Constitution, to bring great offenders to punishment. It is calculated to bring them to punishment for crimes which it is not easy to describe, but which every one must be convinced is a high crime and misdemeanor against the government."

"It would be not only useless, but dangerous, to enumerate a number of rights which are not intended to be given up; because it would be implying, in the strongest manner, that every right not included in the exception might be impaired by the government without usurption; and it would be impossible to enumerate every one. Let any one make what collection or enumeration of rights he pleases, I will immediately mention twenty or thirty more rights not contained in it."

"Had Congress undertaken to guarantee religious freedom, or any particular species of it, they would then have had a pretense to interfere in a subject they have nothing to do with. Each state, so far as the clause in question does not interfere, must be left to the operation of its own principles."

"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."

"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"

"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."

"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."

"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."

"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?"

"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."

"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."

"Morals are concerned with what aids or impedes the fulfillment of basic human needs."

"The core of the concept of a bribe is an inducement improperly influencing the performance of a public function meant to be gratuitously exercised."