Lawyers From The United States

"During the Civil War, one of the nation's leading abolitionists was Republican Senator Henry Wilson, of Massachusetts, who would later serve as vice president during President Grant's second term. In December 1861, Mr. Wilson introduced a bill to abolish slavery in the District. The measure met with parliamentary obstacles from the adamantly pro-slavery Democratic Party, whom Republicans in those days referred to as the 'Slave-ocrats'. Most Democrats in Congress having resigned in order to join the Confederate rebellion, Wilson's measure sailed through the Senate. The abolitionist senator responsible for outmaneuvering Democrat opposition was Ben Wade, the Ohio Republican who six years later would have assumed the presidency had the bitterly racist Democratic President, Andrew Johnson, been convicted during his impeachment trial. In the House of Representatives, Democrats delayed passage with a series of stalling tactics. Finally, the majority leader, Thaddeus Stevens, bulldozed over Democrat opposition by calling the House into a committee of the whole. He stopped all other business in the House until Democrats relented and allowed a vote on the bill. Stevens, of Pennsylvania, is best known for his 'forty acres and a mule' proposal. Overall, 99 percent of Republicans in Congress voted to free the slaves in the District of Columbia, and 83 percent of Democrats voted to keep them in chains."

"After the Civil War, Representative Thaddeus Stevens, a Radical Republican, urged the federal government to seize the estates of wealthy former Confederates and use them in part to provide freedmen with some small compensation for centuries of forced labor. Stevens warned that without economic empowerment, freedmen would eventually find themselves at the mercy of their former masters. "It is impossible that any practical equality of rights can exist where a few thousand men monopolize the whole landed property," Stevens wrote in 1865. "The whole fabric of Southern society must be changed, and never can it be done if this opportunity is lost. Without this, this government can never be, as it never has been, a true republic"...Thaddeus Stevens knew that without sufficient economic power, civic equality becomes difficult to maintain. His insight has proved remarkably durable across American history. The question now is whether a new coalition, radicalized by racism, can defy that history."

"When Chase, Summer, 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."

"Thaddeus Stevens, that great fighter for human freedom, was an uncompromising Abolitionist. The slaveowners and bankers of his time called him a revolutionist. Deeply interested in education, he started the first vocational training school for boys, in Lancaster, Pennsylvania. He helped establish the free public school system in Pennsylvania, and fought for equal educational opportunities for the Negro people. His championship of social as well as political equality for Negroes was the real reason for the family's disapproval of him."

"He that hath a trade, hath an estate."

"Oh, how you have longed to say that to me. You claim you trust them but you know what the people are. You know that the inner compass that should direct the soul toward justice has ossified in white men and women, north and south, unto utter uselessness through tolerating the evil of slavery. White people cannot bear the thought of sharing this country's infinite abundance with Negroes."

"Ah, shit on the people and what they want and what they’re ready for! I don’t give a goddamn about the people and what they want! This is the face of someone who has fought long and hard for the good of the people without caring much for any of ‘em. And I look a lot worse without the wig. The people elected me! To represent them! To lead them! And I lead! You ought to try it!"

"When the war ends, I intend to push for full equality, the Negro vote and much more. Congress shall mandate the seizure of every foot of rebel land and every dollar of their property. We’ll use their confiscated wealth to establish hundreds of thousands of free Negro farmers, and at their side soldiers armed to occupy and transform the heritage of traitors. We'll build up a land down there of free men and free women and free children and freedom. The nation needs to know that we have such plans."

"I repose in this quiet and secluded spot not from any natural preference for solitude, but finding other cemeteries limited as to race by charter rules, I have chosen this that I might illustrate in my death the principles which I advocated through a long life: EQUALITY OF MAN BEFORE HIS CREATOR."

"It is said the South will never submit — that we cannot conquer the rebels — that they will suffer themselves to be slaughtered, and their whole country to be laid waste. Sir, war is a grievous thing at best, and civil war more than any other ; but if they hold this language, and the means which they have suggested must be resorted to ; if their whole country must be laid waste and made a desert, in order to save this Union from destruction, so let it be. I would rather, Sir, reduce them to a condition where their whole country is to be re-peopled by a band of freemen, than to see them perpetrate the destruction of this people through our agency. I do not say it is time to resort to such means, and I do not say that the time will come, but I never fear to express my sentiments. It is not a question with me of policy, but a question of principle."

"I will be satisfied if my epitaph shall be written thus: "Here lies one who never rose to any eminence, who only courted the low ambition to have it said that he striven to ameliorate the condition of the poor, the lowly, the downtrodden of every race and language and color.""

"Our object should be not only to end this terrible war now, but to prevent its recurrence. All must admit that slavery is the cause of it. Without slavery we should this day be a united and happy people... The principles of our Republic are wholly incompatible with slavery."

"Every humane and patriotic heart must grieve to see a bloody and causeless rebellion, costing thousands of human lives and millions of treasure. But as it was predetermined and inevitable, it was long enough delayed. Now is the appropriate time to solve the greatest problem ever submitted to civilized man."

"It is my purpose nowhere in these remarks to make personal reproaches; I entertain no ill-will toward any human being, nor any brute, that I know of, not even the skunk across the way to which I referred. Least of all would I reproach the South. I honor her courage and fidelity. Even in a bad, a wicked cause, she shows a united front. All her sons are faithful to the cause of human bondage, because it is their cause. But the North - the poor, timid, mercenary, driveling North - has no such united defenders of her cause, although it is the cause of human liberty. None of the bright lights of the nation shine upon her section. Even her own great men have turned her accusers. She is the victim of low ambition - an ambition which prefers self to country, personal aggrandizement to the high cause of human liberty. She is offered up a sacrifice to propitiate southern tyranny - to conciliate southern treason."

"There can be no fanatics in the cause of genuine liberty. Fanaticism is excessive zeal. There may be, and have been fanatics in false religion – in the bloody religions of the heathen. There are fanatics in superstition. But there can be no fanatic, however warm their zeal, in the true religion, even although you sell your goods and bestow your money on the poor, and go on and follow your heart your Master. There may, and every hour shows around me, fanatics in the cause of false liberty – that infamous liberty which justifies human bondage, that liberty whose ‘corner-stone is slavery.’ But there can be no fanaticism however high the enthusiasm, in the cause of rational, universal liberty – the liberty of the Declaration of Independence."

"I can never acknowledge the right of slavery. I will bow down to no deity however worshipped by professing Christians — however dignified by the name of the Goddess of Liberty, whose footstool is the crushed necks of the groaning millions, and who rejoices in the resoundings of the tyrant’s lash, and the cries of his tortured victims."

"I wished that I were the owner of every southern slave, that I might cast off the shackles from their limbs, and witness the rapture which would excite them in the first dance of their freedom."

"I never thought of it that way, but it does relieve God Almighty of a heavy responsibility."

"You must be a bastard for I knew your mother's husband and he was a gentleman and honest man."

"Gentlemen on this floor and in the Senate, had repeatedly, during this discussion, asserted that slavery was a moral, political, and personal blessing; that the slave was free from care, contented, happy, fat, and sleek. Comparisons have been instituted between slaves and laboring freemen, much to the advantage of the condition of slavery. Instances are cited where the slave, having tried freedom, had voluntarily returned to resume his yoke. Well, if this be so, let us give all a chance to enjoy this blessing. Let the slaves, who choose, go free; and the free, who choose, become slaves. If these gentlemen believe there is a word of truth in what they preach, the slaveholder need be under no apprehension that he will ever lack bondsmen. Their slaves would remain, and many freemen would seek admission into this happy condition. Let them be active in propagating their principles. We will not complain if they establish Societies in the South for that purpose -- abolition societies to abolish freedom. Nor will we rob the mails to search for incendiary publications in favor of slavery, even if they contain seductive pictures, and cuts of those implements of happiness -- handcuffs, iron yokes and cat-o'-nine tails."

"It has been suggested that the President intentionally left those forts in a defenseless condition, that South Carolina might seize them before his successor had time to take means for their safety. I cannot believe it; I will not believe it, for it would make Mr. Buchanan a more odious traitor than Benedict Arnold. Every drop of blood that shall be shed in the conflict would sit heavy on his soul forever."

"There is a wrong impression about one of the candidates. There is no such person running as James Buchanan. He is dead of lock-jaw. Nothing remains but a platform and a bloated mass of political putridity."

"John Brown deserves to be hung for being a hopeless fool! He attempted to capture Virginia with seventeen men when he ought to know that it would require at least twenty-five."

"Kennedy and the majority explicitly overruled Bowers and wrote that Stevens's original reasoning, in dissent, that morality alone is not a legitimate basis to support a law was right. Scalia countered, "This effectively decrees the end of all morals legislation. If, as the Court asserts, the promotion of majoritarian sexual morality is not even a legitimate state interest, [no law against fornication, bigamy, adultery, adult incest, bestiality, and obscenity] can survive rational-basis review. Kennedy, traveling further and further away from his judicial responsibility to interpret the Constitution, wrote of an "emerging awareness that liberty gives substantial protection" to sexual decisions and reviewed how sodomy laws had been repealed in most states and even in Europe, where the European Court of Human Rights found sodomy laws invalid under the European Convention on Human Rights. Kennedy concluded with a lecture about liberty: "The petitioners are entitled to respect their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them full right to engage in their conduct without intervention of the government... The Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual." (Emphasis added.)"

"In June 2003, the U.S. Supreme Court's majority opinion in Lawrence overruled Bowers. Kennedy wrote the opinion for the majority, which was long on philosophy and short on precedent. Kennedy's opinion in Lawrence is a result in search of a rationale. He began with "Liberty protects the person from unwarranted government intrusions into a dwelling or other private places." This statement means absolutely nothing from a constitutional perspective. Every criminal or immoral act can be justified on the grounds of exercising liberty. But Kennedy has a purpose in such an approach. By using the catchall word "liberty" rather than applying the Constitution to the issue, he seeks to expand the plain meaning of the due process clause of the Fourteenth Amendment (which prohibits states from depriving "any person of life, liberty, or property without due process of law") to grant rights not mentioned elsewhere in the Constitution."

"The First Amendment prohibits the establishment of religion and promises the free exercise of religion. From these safeguards, and from the guarantee of freedom of speech, it follows there is freedom of belief and expression. It is an urgent necessity that officials adhere to these constitutional guarantees and mandates in all their actions, even in the sphere of foreign affairs. An anxious world must know that our Government remains committed always to the liberties the Constitution seeks to preserve and protect, so that freedom extends outward, and lasts."

"Our society has come to the recognition that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth. For that reason the laws and the Constitution can, and in some instances must, protect them in the exercise of their civil rights. The exercise of their freedom on terms equal to others must be given great weight and respect by the courts. At the same time, the religious and philosophical objections to gay marriage are protected views and in some instances protected forms of expression. As this Court observed in Obergefell v. Hodges, 576 U. S. ___ (2015), “[t]he First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths.” Id., at ___ (slip op., at 27). Nevertheless, while those religious and philosophical objections are protected, it is a general rule that such objections do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law. See Newman v. Piggy Park Enterprises, Inc., 390 U. S. 400, 402, n. 5 (1968) (per curiam); see also Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc., 515 U. S. 557, 572 (1995) (“Provisions like these are well within the State’s usual power to enact when a legislature has reason to believe that a given group is the target of discrimination, and they do not, as a general matter, violate the First or Fourteenth Amendments”)."

"A fundamental principle of the First Amendment is that all persons have access to places where they can speak and listen, and then, after reflection, speak and listen once more. The Court has sought to protect the right to speak in this spatial context. A basic rule, for example, is that a street or a park is a quintessential forum for the exercise of First Amendment rights. See Ward v. Rock Against Racism, 491 U. S. 781, 796 (1989). Even in the modern era, these places are still essential venues for public gatherings to celebrate some views, to protest others, or simply to learn and inquire."

"The respondents in this case insist that a difficult question of public policy must be taken from the reach of the voters, and thus removed from the realm of public discussion, dialogue, and debate in an election campaign. Quite in addition to the serious First Amendment implications of that position with respect to any particular election, it is inconsistent with the underlying premises of a responsible, functioning democracy. One of those premises is that a democracy has the capacity—and the duty—to learn from its past mistakes; to discover and confront persisting biases; and by respectful, rationale deliberation to rise above those flaws and injustices. That process is impeded, not advanced, by court decrees based on the proposition that the public cannot have the requisite repose to discuss certain issues. It is demeaning to the democratic process to presume that the voters are not capable of deciding an issue of this sensitivity on decent and rational grounds. The process of public discourse and political debate should not be foreclosed even if there is a risk that during a public campaign there will be those, on both sides, who seek to use racial division and discord to their own political advantage. An informed public can, and must, rise above this. The idea of democracy is that it can, and must, mature. Freedom embraces the right, indeed the duty, to engage in a rational, civic discourse in order to determine how best to form a consensus to shape the destiny of the Nation and its people."

"The freedom secured by the Constitution consists, in one of its essential dimensions, of the right of the individual not to be injured by the unlawful exercise of governmental power. The mandate for segregated schools, Brown v. Board of Education, 347 U. S. 483 (1954); a wrongful invasion of the home, Silverman v. United States, 365 U. S. 505 (1961); or punishing a protester whose views offend others, Texas v. Johnson, 491 U. S. 397 (1989); and scores of other examples teach that individual liberty has constitutional protection, and that liberty’s full extent and meaning may remain yet to be discovered and affirmed. Yet freedom does not stop with individual rights. Our constitutional system embraces, too, the right of citizens to debate so they can learn and decide and then, through the political process, act in concert to try to shape the course of their own times and the course of a nation that must strive always to make freedom ever greater and more secure. Here Michigan voters acted in concert and statewide to seek consensus and adopt a policy on a difficult subject against a historical background of race in America that has been a source of tragedy and persisting injustice. That history demands that we continue to learn, to listen, and to remain open to new approaches if we are to aspire always to a constitutional order in which all persons are treated with fairness and equal dignity. Were the Court to rule that the question addressed by Michigan voters is too sensitive or complex to be within the grasp of the electorate; or that the policies at issue remain too delicate to be resolved save by university officials or faculties, acting at some remove from immediate public scrutiny and control; or that these matters are so arcane that the electorate’s power must be limited because the people cannot prudently exercise that power even after a full debate, that holding would be an unprecedented restriction on the exercise of a fundamental right held not just by one person but by all in common. It is the right to speak and debate and learn and then, as a matter of political will, to act through a lawful electoral process."

"No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right."

"The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed."

"Dignitary wounds cannot always be healed with the stroke of a pen."

"The essence of democracy is that the right to make law rests in the people and flows to the government, not the other way around. Freedom resides first in the people without need of a grant from government."

"Only a weak society needs government protection or intervention before it pursues its resolve to preserve the truth. Truth needs neither handcuffs nor a badge for its vindication."

"The remedy for speech that is false is speech that is true. This is the ordinary course in a free society. The response to the unreasoned is the rational; to the uninformed, the enlightened; to the straight-out lie, the simple truth."

"When Government seeks to use its full power, including the criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought. This is unlawful. The First Amendment confirms the freedom to think for ourselves."

"Speech is an essential mechanism of democracy, for it is the means to hold officials accountable to the people. [...] The right of citizens to inquire, to hear, to speak, and to use information to reach consensus is a precondition to enlightened self-government and a necessary means to protect it. [...] By taking the right to speak from some and giving it to others, the Government deprives the disadvantaged person or class of the right to use speech to strive to establish worth, standing, and respect for the speaker’s voice. The Government may not by these means deprive the public of the right and privilege to determine for itself what speech and speakers are worthy of consideration. The First Amendment protects speech and speaker, and the ideas that flow from each."

"[T]his Court now concludes that independent [political] expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption."

"I knew Earl Warren very well, on a somewhat professional basis. Professional, as in I was a nine-year-old page boy and he was the Governor. We knew his children and played in the Governor's Mansion and so forth. I have a letter I've given to the Supreme Court Historical Society, in which he wrote and said, "You're going to go very far in government." I'm very proud of the fact that I knew well someone who later became the Chief Justice of the United States."

"The Constitution doesn't belong to a bunch of judges and lawyers. It belongs to you."

"When a juvenile offender commits a heinous crime, the State can exact forfeiture of some of the most basic liberties, but the State cannot extinguish his life and his potential to attain a mature understanding of his own humanity."

"It is proper that we acknowledge the overwhelming weight of international opinion against the juvenile death penalty."

"Had those who drew and ratified the Due Process Clauses of the Fifth Amendment or the Fourteenth Amendment known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom."

"The instant case involves liberty of the person both in its spatial and more transcendent dimensions.... Bowers was not correct when it was decided, and it is not correct today.... As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom."

"Liberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our tradition the State is not omnipresent in the home. And there are other spheres of our lives and existence, outside the home, where the State should not be a dominant presence. Freedom extends beyond spatial bounds. Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person both in its spatial and more transcendent dimensions"

"The argument, in essence, is that protected speech may be banned as a means to ban unprotected speech. This analysis turns the First Amendment upside down. The Government may not suppress lawful speech as the means to suppress unlawful speech. Protected speech does not become unprotected merely because it resembles the latter. The Constitution requires the reverse."

"First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end. The right to think is the beginning of freedom, and speech must be protected from the government because speech is the beginning of thought."

"The Supreme Court of Florida has said that the legislature intended the State's electors to "participat[e] fully in the federal electoral process," as provided in 3 U. S. C. §5. That statute, in turn, requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by December 12. That date is upon us, and there is no recount procedure in place under the State Supreme Court's order that comports with minimal constitutional standards. Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed. Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy."

"The fetus, in many cases, dies just as a human adult or child would: It bleeds to death as it is torn from limb from limb. The fetus can be alive at the beginning of the dismemberment process and can survive for a time while its limbs are being torn off."