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I used to say that, as Solicitor General, I made three arguments in every case. First came the one I had planned – as I thought, logical, coherent, complete. Second was the one actually presented – interrupted, incoherent, disjointed, disappointing. The third was the utterly devastating argument that I thought of after going to bed that night…
Robert H. Jackson
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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
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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
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Intellectual freedom means the right to re-examine much that has been long taken for granted. A free man must be a reasoning man, and he must dare doubt what a legislative or electoral majority may most passionately assert.
Robert H. Jackson
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Our forefathers found the evils of free thinking more to be endured than the evils of inquest or suppression. This is because thoughtful, bold and independent minds are essential to the wise and considered self-government.
Robert H. Jackson
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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
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Nothing better can come out of this meeting of law enforcement officers than a rededication to the spirit of fair play and decency that should animate the federal prosecutor. Your positions are of such independence and importance that while you are being diligent, strict, and vigorous in law enforcement you can also afford to be just. Although the government technically loses its case, it has really won if justice has been done.
Robert H. Jackson
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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.
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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
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The prosecutor has more control over life, liberty, and reputation, than any other person in America.
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While the Declaration was directed against an excess of authority, the Constitution was directed against anarchy.
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The choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the Court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact.
Robert H. Jackson
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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
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The mere state of being without funds is a neutral fact — constitutionally an irrelevance, like race, creed, or color.
Robert H. Jackson
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This Court 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
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The power of citizenship as a shield against oppression was widely known from the example of Paul'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
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But the validity of a doctrine does not depend on whose ox it gores.
Robert H. Jackson
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For a century every contest with the Supreme Court has ended in evading the basic inconsistency between popular government and judicial supremacy.
Robert H. Jackson
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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
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When we went to school we were told that we were governed by laws, not men. As a result of that, many people think there is no need to pay any attention to judicial candidates because judges merely apply the law by some mathematical formula and a good judge and a bad judge all apply the same kind of law. The fact is that the most important part of a judge's work is the exercise of judgment and that the law in a court is never better than the common sense judgment of the judge that is presiding.
Robert H. Jackson
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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
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Men are more often bribed by their loyalties and ambitions than by money.
Robert H. Jackson
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When the [Supreme] Court moved to Washington in 1800, it was provided with no books, which probably accounts for the high quality of early opinions.
Robert H. Jackson
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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
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[To fanatics and extremists] all thought is divinely classified into two kinds — that which is their own and that which is false and dangerous.
Robert H. Jackson
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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
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The office of the lawyer, however poorly filled, is too delicate, personal and confidential to be occupied by a corporation.
Robert H. Jackson
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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
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The most odious of all oppressions are those which mask as justice.
Robert H. Jackson
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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
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Quote of the day
Good authors, too, who once knew better words Now only use four-letter words Writing prose — Anything goes.
Cole Porter
Robert H. Jackson
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Born:
February 13, 1892
Died:
October 9, 1954
(aged 62)
Bio:
Robert Houghwout Jackson was United States Solicitor General, United States Attorney General and an Associate Justice of the United States Supreme Court. He is the only person in United States history to have held all three of those offices.
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