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.
John Marshall Harlan IIRelated topics
authority constitutional court high interpretation limited name premise purpose serve should slow something view workingsRelated quotes
Was man indeed, as he sometimes desired to be, the growing point of the cosmical spirit, in its temporal aspect at least? Or was he one of many million growing points? Or was mankind of no more importance in the universal view than rats in a cathedral? And again, was man's true function power, or wisdom, or love, or worship, or all of all these? Or was the idea of function, of purpose, meaningless in relation to the cosmos? These grave questions I would answer.
Olaf Stapledon
The recognition of authority to impose previous restraint upon publication in order to protect the community against the circulation of charges of misconduct, and especially of official misconduct, necessarily would carry with it the admission of the authority of the censor against which the constitutional barrier was erected. The preliminary freedom, by virtue of the very reason for its existence, does not depend, as this Court has said, on proof of truth.
Charles Evans Hughes
In all cases where incidental powers are acted upon, the principal and incidental ought to be congenial with each other, and partake of a common nature. The incidental power ought to be strictly subordinate and limited to the end proposed to be obtained by the specified power. In other words, under the name of accomplishing one object which is specified, the power implied ought not to be made to embrace other objects, which are not specified in the constitution.
Henry Clay
I have a really interesting political point of view, and it's not always something I say too loud at dinner tables here, but you can't go from a $2,000-a-night suite at La Mirage to a penitentiary and really understand it and come out a liberal. You can't. I wouldn't wish that experience on anyone else, but it was very, very, very educational for me and has informed my proclivities and politics ever since.
Robert Downey Jr.
I do not know whether it is the view of the Court that a judge must 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, as Milton said, the "last infirmity of noble mind", it is frequently the first infirmity of a mediocre one.
Robert H. Jackson