William J. Brennan, Jr. - Constitution Quotes

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We current Justices read the Constitution in the only way that we can: as Twentieth Century Americans.. For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs.

William J. Brennan, Jr.
Yet the ultimate problem is more fundamental. I have long believed that the death penalty is in all circumstances a barbaric and inhuman punishment that violates our Constitution. Even the most vile murderer does not release the state from its constitutional obligation to respect human dignity, for the state does not honor the victim by emulating the murderer who took his life. The fatal infirmity of capital punishment is that it treats members of the human race as non-humans, as objects to be toyed with and discarded.

William J. Brennan, Jr.
The Constitution was framed fundamentally as a bulwark against governmental power, and preventing the arbitrary administration of punishment is a basic ideal of any society that purports to be governed by the rule of law.

William J. Brennan, Jr.
More fundamentally, however, the answer to petitioners' objection is that there can be no impairment of executive power, whether on the state or federal level, where actions pursuant to that power are impermissible under the Constitution. Where there is no power, there can be no impairment of power.

William J. Brennan, Jr.
If our free society is to endure, and I know it will, those who govern must recognize that the Framers of the Constitution limited their power in order to preserve human dignity and the air of freedom which is our proudest heritage.

William J. Brennan, Jr.