400+ Sourced quotes
The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution…. There should be, therefore, great resistance to … redefining the category of rights deemed to be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority to govern the country without express constitutional authority.
Justice O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O'Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life.
Dissents speak to a future age. It's not simply to say, 'My colleagues are wrong and I would do it this way.' But the greatest dissents do become court opinions and gradually over time their views become the dominant view. So that's the dissenter's hope: that they are writing not for today but for tomorrow.
The court has built a great deal of prestige, and I think is generally quite well thought of as a public institution in the country. It is always possible for the court to overreach its proper bounds and perhaps declare a lot of laws unconstitutional and frustrate the will of the majority in a way that it ought not be frustrated. In that sense, it poses a danger, but not the same sort of perhaps very active danger that a run-away Congress or runaway executive would.
Such a decision is all that slavery now lacks of being alike lawful in all the States. Welcome, or unwelcome, such decision is probably coming, and will soon be upon us, unless the power of the present political dynasty shall be met and overthrown. We shall lie down pleasantly dreaming that the people of Missouri are on the verge of making their State free, and we shall awake to the reality instead, that the Supreme Court has made Illinois a slave State. To meet and overthrow the power of that dynasty is the work now before all those who would prevent that consummation. This is what we have to do. How can we best do it?
Your thought describes laws, courts, judges, punishments. Mine explains that when man makes a law, he either violates it or obeys it. If there is a basic law, we are all one before it. He who disdains the mean is himself mean. He who vaunts his scorn of the sinful vaunts his disdain of all humanity.
The freedom of peoples depends fundamentally on the rule of law, a fair legal system. The place to have trials or accusations is a court of law, the Common Law that has come right up from Magna Carta, which has come right up through the British courts – a court of law is the place where you deal with these matters. If you ever get trial by television or guilt by accusation, that day freedom dies because you have not had it done with all of the careful rules that have developed in a court of law. Press and television rely on freedom. Those who rely on freedom must uphold the rule of law and have a duty and a responsibility to do so and not try to substitute their own system for it.
It is so hard to forget what it is worse than useless to remember! If I am to be a thoroughfare, I prefer that it be of the mountain-brooks, the Parnassian streams, and not the town-sewers. There is inspiration, that gossip which comes to the ear of the attentive mind from the courts of heaven. There is the profane and stale revelation of the bar-room and the police court. The same ear is fitted to receive both communications. Only the character of the hearer determines to which it shall be open, and to which closed. I believe that the mind can be permanently profaned by the habit of attending to trivial things, so that all our thoughts shall be tinged with triviality.
"Of this voyage, I observe," says the Admiral, "that it has miraculously been shown, as may be understood by this writing, by the many signal miracles that He has shown on the voyage, and for me, who for so great a time was in the court of Your Highnesses with the opposition and against the opinion of so many high personages of your household, who were all against me, alleging this undertaking to be folly, which I hope in Our Lord will be to the greater glory of Christianity, which to some slight extent already has happened."