Robert H. Jackson

#5989 Robert H. Jackson

The power ofas a shield against oppression was widely known from the example of 's Roman citizenship, which sent the centurion scurrying to his higher-ups with the message: "Take heed what thou doest: for this man is a Roman". .

Robert H. Jackson Quotes about power
#5990 Robert H. Jackson

The mere state of being without funds is a neutral fact — constitutionally an irrelevance, like race, creed, or color. .

Robert H. Jackson Quotes about fun
#5991 Robert H. Jackson

It is hardly lack of due process for the Government to regulate that which it subsidizes. .

Robert H. Jackson Quotes about men
#5992 Robert H. Jackson

is forever adding new stories to the temples of constitutional law, and the temples have a way of collapsing when one story too many is added. .

Robert H. Jackson Quotes about man
#5993 Robert H. Jackson

Civil liberties had their origin and must find their ultimate guaranty in the faith of the people. If that faith should be lost, five or nine men in Washington could not long supply its want. .

Robert H. Jackson Quotes about faith
#5994 Robert H. Jackson

As to ethics, the parties seem to me as much on a parity as the pot and the kettle. But want of knowledge or innocent intent is not ordinarily available to diminish patent protection. .

Robert H. Jackson Quotes about knowledge
#5995 Robert H. Jackson

The price of freedom of religion or of speech or of the press is that we must put up with, and even pay for, a good deal of rubbish. .

Robert H. Jackson Quotes about religion
#5996 Robert H. Jackson

A confession is wholly and incontestably voluntary only if a guilty person gives himself up to the law and becomes his own accuser. .

Robert H. Jackson Quotes about self
#5997 Robert H. Jackson

The physical power to get the money does not seem to me a test of the right to tax. Might does not make right even in taxation. To hold that what the use of official authority may get the state may keep, and that if it cannot get hold of a nonresident stockholder it may hold the company as hostage for him, is strange constitutional doctrine to me. .

Robert H. Jackson Quotes about power
#5999 Robert H. Jackson

[T]he effect of theAmendment to our Constitution was to take every form of propagation of religion out of the realm of things which could directly or indirectly be made public business, and thereby be supported in whole or in part at taxpayers' expense. That is a difference which the Constitution sets up between religion and almost every other subject matter of legislation, a difference which goes to the very root of religious freedom[...] This freedom was first in the Bill of Rights because it was first in the forefathers' minds; it was set forth in absolute terms, and its strength is its rigidity. It was intended not only to keep the states' hands out of religion, but to keep religion's hands off the state, and, above all, to keep bitter religious controversy out of public life by denying to every denomination any advantage from getting control of public policy or the public purse. .

Robert H. Jackson Quotes about life
#6000 Robert H. Jackson

I do not know whether it is the view of the Court that amust be thick-skinned or just thick-headed, but nothing in my experience or observation confirms the idea that he is insensitive to publicity. Who does not prefer good to ill report of his work? And if fame — a good public name — is, assaid, the "last infirmity of noble mind", it is frequently the first infirmity of a mediocre one. .

Robert H. Jackson Quotes about work
#6001 Robert H. Jackson

The Court's reasoning adds up to this: The Commission must be sustained because of its accumulated experience in solving a problem with which it had never before been confronted! I give up. Now I realize fully whatmeant when he said, 'The more you explain it, the more I don't understand it.' .

Robert H. Jackson Quotes about experience
#6002 Robert H. Jackson

No one will question that this power is the most dangerous one to free government in the whole catalogue of powers. It usually is invoked in haste and excitement when calm legislative consideration of constitutional limitation is difficult. It is executed in a time of patriotic fervor that makes moderation unpopular. And, worst of all, it is interpreted by judges under the influence of the same passions and pressures. Always, as in this case, the Government urges hasty decision to forestall some emergency or serve some purpose and pleads that paralysis will result if its claims to power are denied or their confirmation delayed. .

Robert H. Jackson Quotes about time
#6003 Robert H. Jackson

Under these circumstances, except for any personal humiliation involved in admitting that I do not always understand the opinions of this Court, I see no reason why I should be consciously wrong today because I was unconsciously wrong yesterday. .

Robert H. Jackson Quotes about reason
#6004 Robert H. Jackson

But we have grounds to assume also that the normal proportion of them are subject to that very human weakness, especially displayed in Washington, which leads men to "crook the pregnant hinges of the knee where thrift may follow fawning." .

Robert H. Jackson Quotes about men
#6006 Robert H. Jackson

But when notice is a person's due, process which is a mere gesture is not 'due process.' .

Robert H. Jackson Quotes about person
#6007 Robert H. Jackson

But we must not forget that in our country are evangelists and zealots of many different political, economic and religious persuasions whose fanatical conviction is that all thought is divinely classified into two kinds — that which is their own and that which is false and dangerous. .

Robert H. Jackson Quotes about man
#6008 Robert H. Jackson

Our protection against all kinds of fanatics and extremists, none of whom can be trusted with unlimited power over others, lies not in their forbearance but in the limitations of our . .

Robert H. Jackson Quotes about power
#6009 Robert H. Jackson

The priceless heritage of our society is the unrestricted constitutional right of each member to think as he will. Thought control is a copyright of totalitarianism, and we have no claim to it. It is not the function of the government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error. We could justify any censorship only when the censors are better shielded against error than the censored. .

Robert H. Jackson Quotes about society
#6010 Robert H. Jackson

I am entitled to say of that opinion what any discriminating reader must think of it---that it was as foggy as the statute the Attorney General was asked to interpret. .

Robert H. Jackson Quotes about think
#6011 Robert H. Jackson

But an escape less self-depreciating was taken by Lord Westbury, who, it is said, rebuffed a barrister's reliance upon an earlier opinion of his Lordship: "I can only say that I am amazed that a man of my intelligence should have been guilty of giving such an opinion". If there are other ways of gracefully and good-naturedly surrendering former views to a better considered position, I invoke them all. .

Robert H. Jackson Quotes about intelligence
#6012 Robert H. Jackson

The petitioner's problem is to avoid Scylla without being drawn into Charybdis. .

Robert H. Jackson Quotes about wit
#6013 Robert H. Jackson

It is only the words of the bill that have presidential approval, where that approval is given. It is not to be supposed that in signing a bill the President endorses the whole Congressional Record. .

Robert H. Jackson Quotes about words
#6014 Robert H. Jackson

Men are more often bribed by their loyalties and ambitions than by money. .

Robert H. Jackson Quotes about money
#6015 Robert H. Jackson

Had the jury convicted on proper instructions it would be the end of the matter. But juries are not bound by what seems inescapable logic to judges. .

Robert H. Jackson Quotes about logic
#6016 Robert H. Jackson

We can afford no liberties with liberty itself. .

Robert H. Jackson Quotes about self
#6017 Robert H. Jackson

It is possible to hold a faith with enough confidence to believe that what should be rendered to God does not need to be decided and collected by Caesar. .

Robert H. Jackson Quotes about faith
#6018 Robert H. Jackson

The day that this country ceases to be free for irreligion it will cease to be free for religion - except for the sect that can win political power. .

Robert H. Jackson Quotes about religion
#6019 Robert H. Jackson

Nothing in our Constitution is plainer than that declaration of a war is entrusted only to Congress. Of course, a state of war may in fact exist without a formal declaration. But no doctrine that the Court could promulgate would seem to me more sinister and alarming than that a President whose conduct of foreign affairs is so largely uncontrolled, and often even is unknown, can vastly enlarge his mastery over the internal affairs of the country by his own commitment of the Nation's armed forces to some foreign venture. .

Robert H. Jackson Quotes about war
#6020 Robert H. Jackson

No penance would ever expiate the sin against free government of holding that a President can escape control of executive powers by law through assuming his military role. .

Robert H. Jackson Quotes about power
#6021 Robert H. Jackson

He who must search a haystack for a needle is likely to end up with the attitude that the needle is not worth the search. .

Robert H. Jackson Quotes about attitude
#6022 Robert H. Jackson

Reversal by a higher court is not proof that justice is thereby better done. There is no doubt that if there were a super-Supreme Court, a substantial proportion of our reversals of state courts would also be reversed. We are not final because we are infallible, but we are infallible only because we are final. .

Robert H. Jackson Quotes about justice
#6023 Robert H. Jackson

We granted certiorari, and in this Court the parties changed positions as nimbly as if dancing a quadrille. .

Robert H. Jackson Quotes about art
#6024 Robert H. Jackson

I should concur in this result more readily if the Court could reach it by analysis of the statute instead of by psychoanalysis of Congress. When we decide from legislative history, including statements of witnesses at hearings, what Congress probably had in mind, we must put ourselves in the place of a majority of Congressmen and act according to the impression we think this history should have made on them. Never having been a Congressman, I am handicapped in that weird endeavor. That process seems to me not interpretation of a statute but creation of a statute. .

Robert H. Jackson Quotes about history
#6025 Robert H. Jackson

But the validity of a doctrine does not depend on whose ox it gores. .

Robert H. Jackson Quotes about end
#6026 Robert H. Jackson

The duty to disclose knowledge of crime rests upon all citizens. .

Robert H. Jackson Quotes about knowledge
#6027 Robert H. Jackson

, 319 U.S. 624 (1943), was a case in which the United States Supreme Court held that members of the Jehovah's Witnesses could not be compelled to salute the flag of the United States. .

Robert H. Jackson Quotes about wit
#6028 Robert H. Jackson

Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard. .

Robert H. Jackson Quotes about ya
#6029 Robert H. Jackson

Government of limited power need not be anemic government. Assurance that rights are secure tends to diminish fear and jealousy of strong government, and by making us feel safe to live under it makes for its better support. .

Robert H. Jackson Quotes about fear
#6030 Robert H. Jackson

The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections. .

Robert H. Jackson Quotes about life
#6031 Robert H. Jackson

We set up government by consent of the governed, and the Bill of Rights denies those in power any legal opportunity to coerce that consent. Authority here is to be controlled by public opinion, not public opinion by authority. .

Robert H. Jackson Quotes about power
#6033 Robert H. Jackson

We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. When they are so harmless to others or to the State as those we deal with here, the price is not too great. But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. .

Robert H. Jackson Quotes about freedom
#6034 Robert H. Jackson

If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein. .

Robert H. Jackson Quotes about faith
#6035 Robert H. Jackson

In 1945, at the request of President Franklin Delano Roosevelt, Justice Jackson took leave from the Supreme Court to act as a prosecutor in the Nuremberg trials of accused Nazi war criminals. .

Robert H. Jackson Quotes about war
#6036 Robert H. Jackson

If we can cultivate in the world the idea that aggressive war-making is the way to the prisoner's dock rather than the way to honors, we will have accomplished something toward making the peace more secure. .

Robert H. Jackson Quotes about war
#6037 Robert H. Jackson

We must make clear to the Germans that the wrong for which their fallen leaders are on trial is not that they lost the war, but that they started it. And we must not allow ourselves to be drawn into a trial of the causes of the war, for our position is that no grievances or policies will justify resort to aggressive war. It is utterly renounced and condemned as an instrument of policy. .

Robert H. Jackson Quotes about war
#6038 Robert H. Jackson

The privilege of opening the first trial in history for crimes against the peace of the world imposes a grave responsibility. The wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot survive their being repeated. That four great nations, flushed with victory and stung with injury stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law is one of the most significant tributes that Power has ever paid to Reason. .

Robert H. Jackson Quotes about history
#6040 Robert H. Jackson

We must never forget that the record on which we judge these defendants is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our own lips as well. .

Robert H. Jackson Quotes about history
#6041 Robert H. Jackson

If certain acts of violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us. .

Robert H. Jackson Quotes about man
#6042 Robert H. Jackson

The office of the lawyer, however poorly filled, is too delicate, personal and confidential to be occupied by a corporation. .

Robert H. Jackson Quotes about law

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