In Memoriam, Honorable John Marshall Harlan: Proceedings of the Bar and Officers of the Supreme Court of the United States, Proceedings Before the Supreme Court of the United States, Washington, D.C., October 24, 1972 |
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Air Force Amendment Bench and Bar Brandeis Brownell Chairman Chief Justice colleagues Committee on Resolutions concern concurring and dissenting concurring opinion constitutional counsel Court of Appeals Court reversed courtroom criminal Daily Princetonian death dissenting opinion Edward Lumbard Eighth Air Force Emory Buckner eral example expressed facts federal former Law Clerk free society freedom Freund Griswold Harlan's judicial approach Harvard Law Review HERBERT BROWNELL HONORABLE JOHN MARSHALL John E. F. Wood John Harlan John Mar John Marshall Harlan judicial philosophy judiciary Justice Harlan Justice Harlan's judicial Justice Harlan's opinions Justice John Marshall Justice's knew L.Ed Legion of Merit Leo Gottlieb liberties essential litigation Miranda modesty NAACP partner practice of law President Eisenhower proceedings Professor Paul protecting public service qualities S.Ct Second Circuit Shapiro Solicitor statute Supreme Court task tion trial lawyer tributes United Wesberry William Nelson Cromwell Wood's article York Bar
Popular passages
Page 16 - Of Law there can be no less acknowledged than that her seat is the bosom of God ; her voice the harmony of the world. All things in heaven and earth do her homage ; the very least as feeling her care, and the greatest as not exempted from her power.
Page 21 - There was more to the conduct of those petitioners than a bare desire to remain at the "white" lunch counter and their refusal of a police request to move from the counter. We would surely have to be blind not to recognize that petitioners were sitting at these counters, where they knew they would not be served, in order to demonstrate that their race was being segregated in dining facilities in this part of the country. Such a demonstration, in the circumstances of these two cases, is as much a...
Page 15 - So act as to treat humanity, whether in thine own person or in that of any other, in every case as an end withal, never as a means only.
Page 22 - ... due process" area by the historically unfounded incorporation formula long advanced by my Brother BLACK, and now in part espoused by my Brother STEWART. It will be achieved in this area, as in other constitutional areas, only by continual insistence upon respect for the teachings of history, solid recognition of the basic values that underlie our society, and wise appreciation of the great roles that the doctrines of federalism and separation of powers have played in establishing and preserving...
Page 34 - The Court's elaboration of its new "constitutional" doctrine indicates how far — and how unwisely — it has strayed from the appropriate bounds of its authority. The consequence of today's decision is that in all but the handful of States which may already satisfy the new requirements the local District Court or, it may be, the state courts, are given blanket authority and the constitutional duty to supervise apportionment of the State Legislatures. It is difficult to imagine a more intolerable...
Page 34 - take the lead" in promoting reform when other branches of government fail to act. The Constitution is not a panacea for every blot upon the public welfare, nor should this Court, ordained as a judicial body, be thought of as a general haven for reform movements.
Page 34 - This view, in a nutshell, is that every major social ill in this country can find its cure in some constitutional "principle," and that this Court should "take the lead" in promoting reform when other branches of government fail to act.
Page 15 - He never disguised the difficulties, as lazy judges do who win the game by sweeping all the chessmen off the table: like John Stuart Mill, he would often begin by stating the other side better than its advocate had stated it himself. At times to those of us who knew him, the anguish which had preceded decision was apparent, for again and again, like Jacob, he had to wrestle with the angel all through the night; and he wrote his opinion with his very blood. But when once his mind came to rest, he...
Page 5 - ... unusual punishment in violation of the Eighth and Fourteenth Amendments. The judgment in each case is therefore reversed insofar as it leaves undisturbed the death sentence imposed, and the cases are remanded for further proceedings. So ordered.
Page 35 - This conclusion was subsequently confirmed by the Court in Griswold v. Connecticut, 381 US 479 [85 S.Ct. 1678, 14 L.Ed.2d 510] (1965), involving the same statute, with Justice Harlan concurring in the result in a separate opinion.