Lawyers From The United States

"Distinctions between citizens solely because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality."

"The right to participate in the choice of representatives for Congress includes, as we have said, the right to cast a ballot and to have it counted at the general election whether for the successful candidate or not."

"Words, especially those of a constitution, are not to be read with such stultifying narrowness."

"The amendment states but a truism that all is retained which has not been surrendered."

"The guarantees of civil liberty are but guarantees of freedom of the human mind and spirit and of reasonable freedom and opportunity to express them...The very essence of the liberty which they guarantee is the freedom of the individual from compulsion as to what he shall think and what he shall say..."

"History teaches us that there have been but few infringements of personal liberty by the state which have not been justified, as they are here, in the name of righteousness and the public good, and few which have not been directed, as they are now, at politically helpless minorities."

"There is grim irony in speaking of the freedom of contract of those who, because of their economic necessities, give their service for less than is needful to keep body and soul together."

"To say that only those businesses affected with a public interest may be regulated is but another way of stating that all those businesses which may be regulated are affected with a public interest."

"Just what instrumentalities of either a state or the federal government are exempt from taxation by the other cannot be stated in terms of universal application."

"Thus viewed, law as it exists in the modern community may be conveniently, although perhaps not comprehensively, defined as the sum total of all those rules of conduct for which there is state sanction."

"To be a successful state, we have to nurture successful children."

"We can show the way. We can make dust -- or eat dust."

"No one was more sensitive than Mr. Justice Harlan to any suggestion that his approach to the Due Process Clause would lead to judges 'roaming at large in the constitutional field.'"

"His thinking threw light in a very introspective way on the entire process of the judicial function. His decisions, beyond just the vote they represented, were sufficiently philosophical to be of enduring interest. He decided the case before him with that respect for its particulars, its special features, that marks alike the honest artist and the just judge."

"One man's vulgarity is another's lyric."

"Without this guarantee that one may not be deprived of his rights, neither liberty nor property, without due process of law, the State's monopoly over techniques for binding conflict resolution could hardly be said to be acceptable under our scheme of things. Only by providing that the social enforcement mechanism must function strictly within these bounds can we hope to maintain an ordered society that is also just.""

"The Due Process Clause of the Fourteenth Amendment stands, in my opinion, on its own bottom."

"This Court, limited in function in accordance with that premise, does not serve its high purpose when it exceeds its authority, even to satisfy justified impatience with the slow workings of the political process. For when, in the name of constitutional interpretation, the Court adds something to the Constitution that was deliberately excluded from it, the Court, in reality, substitutes its view of what should be so for the amending process."

"The Constitution is not a panacea for every blot upon the public welfare, nor should this Court, ordained as a judicial body, be thought of as a general haven for reform movements."

"These decisions give support to a current mistaken view of the Constitution and the constitutional function of this court. This view, in short, is that every major social ill in this country can find its cure in some constitutional principle and that this court should take the lead in promoting reform when other branches of government fail to act. The Constitution is not a panacea for every blot upon the public welfare nor should this court, ordained as a judicial body, be thought of as a general haven of reform movements."

"This 'liberty' is not a series of isolated points pricked out in terms of the taking of property; the freedom of speech, press, and religion; the right to keep and bear arms; the freedom from unreasonable searches and seizures; and so on. It is a rational continuum which, broadly speaking, includes a freedom from all substantial arbitrary impositions and purposeless restraints."

"The danger is perhaps not great if the people of one State, through their legislature, decide that Lady Chatterley's Lover goes so far beyond the acceptable standards of candor that it will be deemed offensive and non-sellable, for the State next door is still free to make its own choice. At least we do not have one uniform standard. But the dangers to free thought and expression are truly great if the Federal Government imposes a blanket ban over the Nation on such a book. [...] The fact that the people of one State cannot read some of the works of D. H. Lawrence seems to me, if not wise or desirable, at least acceptable. But that no person in the United States should be allowed to do so seems to me to be intolerable, and violative of both the letter and spirit of the First Amendment."

"She [South Carolina] cannot bring herself to believe, that standing as she does on the basis of the constitution, and the immutable principles of truth and justice, any attempt will be made by her confederate States, and least of all by the Government which they have created, for special purposes, to reduce her to subjection by military force. A confederacy of sovereign states, formed by the free consent of all, cannot possibly be held together, by any other tie than mutual sympathies and common interest. The unhallowed attempt to cement the union with the blood of our citizens, (which if successful would reduce the free and sovereign States of this confederacy to mere dependent provinces) South Carolina has solemnly declared, would be regarded by her, as absolving her "from all further obligation to maintain or preserve her political connexion with the people of the other States.""

"The people whom I represent, Mr. President, are the descendants of those who brought with them to this country, as the most precious of their possessions, "an ardent love of liberty;" and while that shall be preserved, they will always be found manfully struggling against the consolidation of the government—."

"Sir, there have existed, in every age and every country, two distinct orders of men—the lovers of freedom, and the devoted advocates of power."

"On this subject, as in all others, we ask nothing of our northern brethren but to "let us alone." Leave us to the undisturbed management of our domestic concerns, and the direction of our own industry, and we will ask no more."

"The south repudiates the idea that a pecuniary dependence on the federal government is one of the legitimate means of holding the states together. A moneyed interest in the government is essentially a base interest; and just so far as it operates to bind the feelings of those who are subjected to it to the government,—just so far as it operates in creating sympathies and interests that would not otherwise exist,—is it opposed to all the principles of free government, and at war with virtue and patriotism. Sir, the link which binds the public creditors, as such, to their country, binds them equally to all governments, whether arbitrary or free. In a free government, this principle of abject dependence, if extended through all the ramifications of society, must be fatal to liberty."

"While Paul Pigors contends that the main purpose of administration is to preserve the status quo in society, Brooks Adams regards administration as a chief agent of social change."

"Twenty years later, Professor Wallace B. Donham, Dean of the Graduate School of Business at Harvard University, repeated that "if our civilization breaks down, it will be mainly a breakdown of administration";" and authorities in the field of public administration like Professor John M. Gaus of the Graduate School of Public Administration at Harvard and Dean of the Maxwell Graduate School of Citizenship and Public Affairs at Syracuse University have quoted Brooks Adams's view."

"Brooks Adams advocated that the chief function of administration should be to facilitate social change, or paradoxical as it may seem, to assure social stability by facilitating social change. Great-grandson of President John Adams, grandson of President Quincy Adams, brother of the "educated" Henry Adams, Brooks Adams produced, during the early 1900'S, a series of unorthodox historical essays. Their titles were more radical than their contents: The Law of Civilization and Decay, "The Collapse of Capitalistic Government," and The Theory of Social Revolutions. The last of these is quoted below; the first was regarded by Theodore Roosevelt as a "melancholy" but "powerful" book with "a very ugly element of truth.""

"It is in dealing with administration, as I apprehend, that civilizations have usually, though not always, broken down, for it has been on administrative difficulties that revolutions have for the most part supervened. Advances in administration seem to presuppose the evolution of new governing classes, since apparently, no established type of mind can adapt itself to changes in environment even in slow-moving civilizations, as fast as environments change. Administration is the capacity of coordinating many, and often conflicting, social energies in a single organism, so adroitly that they shall operate as a unity. This presupposes the power of recognizing a series of relations between numerous special social interests, with all of which no single man can be intimately acquainted. Probably no very highly specialized class can be strong in this intellectual quality because of the intellectual isolation incident to specialization; and yet administration or generalization is not only the faculty upon which social stability rests, but is possibly the highest faculty of the human mind."

"There can be no doubt that the modem environment is changing faster than any environment ever previously changed; therefore, the social center of gravity constantly tends to shift more rapidly; and therefore modem civilization has unprecedented need of the administrative or generalizing mind. I take it to be an axiom, that perfection in administration must be commensurate to the bulk and momentum of the mass to be administered, otherwise the centrifugal will overcome the centripetal force, and the mass will disintegrate. In other words, civilization will dissolve. A moment arrives when the minds of any given dominant type fail to meet the demands made upon them, and are superseded by a younger type, which in tum is set aside by another still younger, until the limit of the administrative genius of that particular race has been reached. Then disintegration sets in, the social momentum is gradually relaxed, and society sinks back to a level at which it can cohere."

"The present industrial era brought with it a new governing class, as every considerable change in human environment must bring with it a governing class to give it expression. Perhaps, for lack of a recognized name, I may describe this class as the industrial capitalistic class, composed in the main of administrators and bankers. I conjecture that this class attained its acme of popularity and power, at least in America, toward the close of the third quarter of the nineteenth century. Almost at the opening of the present century a progressively rigorous opposition found for its mouthpiece the President of the Union himself. If Mr. Roosevelt became, what his adversaries are pleased to call, an agitator, his agitation had a cause which is as deserving of study as is the path of a cyclone."

"Law is merely the expression of the will of the strongest for the time being, and therefore laws have no fixity, but shift from generation to generation."

"One man is equivalent to all Creation. One man is a World in miniature."

"We have all the light we need, we just need to put it in practice."

"A man should live with his superiors as he does with his fire: not too near, lest he burn; nor too far off, lest he freeze."

"War is a series of catastrophes which result in victory."

"What we have done for ourselves alone dies with us; what we have done for others and the world remains and is immortal."

"To organize Anarchy, is the problem which the revolutionists have and will eternally have to resolve. It is the rock of Sisyphus that will always fall back upon them. To exist a single instant, they are and always will be by fatality reduced to improvise a despotism without other reason of existence than necessity, and which, consequently, is violent and blind as Necessity. We escape from the harmonious monarchy of Reason, only to fall under the irregular dictatorship of Folly. Sometimes superstitious enthusiasms, sometimes the miserable calculations of the materialist instinct have led astray the nations, and God at last urges the world on toward believing Reason and reasonable Beliefs. We have had prophets enough without philosophy, and philosophers without religion; the blind believers and the skeptics resemble each other, and are as far the one as the other from the eternal salvation."

"The Secret of the Occult Sciences is that of Nature itself, the Secret of the generation of the Angels and Worlds, that of the Omnipotence of God."

"Science has its nights and its dawns, because it gives the intellectual world a life which has its regulated movements and its progressive phases. It is with Truths, as with the luminous rays: nothing of what is concealed is lost; but also, nothing of what is discovered is absolutely new. God has been pleased to give to Science, which is the reflection of His Glory, the Seal of His Eternity. It is not in the books of the Philosophers, but in the religious symbolism of the Ancients, that we must look for the footprints of Science, and re-discover the Mysteries of Knowledge."

"Magic is that which it is; it is by itself, like the mathematics; for it is the exact and absolute science of Nature and its laws. Magic is the science of the Ancient Magi: and the Christian religion, which has imposed silence on the lying oracles, and put an end to the prestiges of the false Gods, itself reveres those Magi who came from the East, guided by a Star, to adore the Saviour of the world in His cradle."

"All hypotheses scientifically probable are the last gleams of the twilight of knowledge, or its last shadows. Faith begins where Reason sinks exhausted. Beyond the human Reason is the Divine Reason, to our feebleness the great Absurdity, the Infinite Absurd, which confounds us and which we believe. For the Master, the Compass of Faith is above the Square of Reason ; but both rest upon the Holy Scriptures and combine to form the Blazing Star of Truth. All eyes do not see alike. Even the visible creation is not, for all who look upon it, of one form and one color. Our brain is a book printed within and without, and the two writings are, with all men, more or less confused."

"Almost all the noblest things that have been achieved in the world, have been achieved by poor men; poor scholars, poor professional men, poor artisans and artists, poor philosophers, poets, and men of genius."

"Duty is with us ever; and evermore forbids us to be idle. To work with the hands or brain, according to our acquirements and our capacities, to do that which lies before us to do, is more honorable than rank and title."

"There is a perennial nobleness and even sacredness in work. Be he never so benighted and forgetful of his high calling, there is always hope in a man that actually and earnestly works: in Idleness alone is there perpetual Despair."

"Whatsoever of morality and intelligence; what of patience, perseverance, faithfulness, of method, insight, ingenuity, energy; in a word, whatsoever of Strength a man has in him, will lie written in the Work he does. To work is to try himself against Nature and her unerring, everlasting laws: and they will return true verdict as to him. The noblest Epic is a mighty Empire slowly built together, a mighty series of heroic deeds, a mighty conquest over chaos. Deeds are greater than words. They have a life, mute, but undeniable; and grow. They people the vacuity of Time, and make it green and worthy. Labor is the truest emblem of God, the Architect and Eternal Maker; noble Labor, which is yet to be the King of this Earth, and sit on the highest Throne. Men without duties to do, are like trees planted on precipices; from the roots of which all the earth has crumbled. Nature owns no man who is not also a Martyr. She scorns the man who sits screened from all work, from want, danger, hardship, the victory over which is work ; and has all his work and battling done by other men; and yet there are men who pride themselves that they and theirs have done no work time out of mind. So neither have the swine."

"Genuine work alone, done faithfully, is eternal, even as the Almighty Founder and Worldbuilder Himself. All work is noble: a life of ease is not for any man, nor for any God. The Almighty Maker is not like one who, in old immemorial ages, having made his machine of a Universe, sits ever since, and sees it go. Out of that belief comes Atheism. The faith in an Invisible, Unnameable, Directing Deity, present everywhere in all that we see, and work, and suffer, is the essence of all faith whatsoever."

"All that is done and said and thought and suffered upon the Earth combine together, and flow onward in one broad resistless current toward those great results to which they are determined by the will of God. We build slowly and destroy swiftly. Our Ancient Brethren who built the Temples at Jerusalem, with many myriad blows felled, hewed, and squared the cedars, and quarried the stones, and car»ed the intricate ornaments, which were to be the Temples. Stone after stone, by the combined effort and long toil of Apprentice, Fellow-Craft, and Master, the walls arose; slowly the roof was framed and fashioned ; and many years elapsed, before, at length, the Houses stood finished, all fit and ready for the Worship of God, gorgeous in the sunny splendors of the atmosphere of Palestine. So they were built. A single motion of the arm of a rude, barbarous Assyrian Spearman, or drunken Roman or Gothic Legionary of Titus, moved by a senseless impulse of the brutal will, flung in the blazing brand; and, with no further human agency, a few short hours sufficed to consume and melt each Temple to a smoking mass of black unsightly ruin. Be patient, therefore, my Brother, and wait!"