The Essential Wisdom of the Supreme Court

By Carol Kelly-Gangi

"Freedom and equality are not achieved overnight. Democracy takes work and time and constant effort. —Sandra Day O'Connor

Insightful and inspiring, The Essential Wisdom of the Supreme Court invites you to experience the powerful words of this extraordinary group of men and women who have offered the guidance, leadership, and inspiration that continue to shape our great nation.

• Language: English
• Publisher: Fall River Press
• Release date: Sep 4, 2019
• ISBN: 9781435170025

Book preview

INTRODUCTION

There’s no disputing that we are facing a time of deep division in the life of our nation. In these turbulent times, we can look to the justices of the Supreme Court—from the current justices to those who have served throughout history—for a measure of guidance, fortitude, and inspiration.

The Essential Wisdom of the Supreme Court gathers together hundreds of quotations from an extraordinary group of Supreme Court justices. The highest court in the nation, the Supreme Court is the final arbiter of the law. It is tasked with ensuring that no law, state or federal, violates the Constitution, as well as ensuring that all Americans are accorded the rights that are guaranteed to them under the Constitution.

Who are the justices that are represented here? While not every justice from the history of the Court is included, the justices who have exerted the most influence over the Court and on the nation are richly represented. The selections are drawn primarily from the justices’ Supreme Court opinions. In many instances, the excerpt is from the justice speaking for the Court in the majority opinion. There are also excerpts from concurring opinions—those opinions in which a justice agrees with some but not all of the majority opinion. Additionally, some excerpts are pulled from dissenting opinions—those in which a justice completely disagrees with the majority opinion. It’s important to note that dissenting opinions can become the law at some later date if the Court considers the issue again, especially if the composition of the Court has changed.

Each Supreme Court justice has placed his or her own individual stamp on the Court, and the excerpts included here reflect their deeply held views on the cases that came before them as well as their own judicial philosophies. In the selections that follow, Chief Justice John Marshall emphatically proclaims a government of laws and not of men as paramount to American democracy. Justice Louis D. Brandeis, Justice William J. Brennan, Justice William O. Douglas, Justice Robert H. Jackson, and Justice John Paul Stevens each eloquently champion the freedom of speech that is guaranteed under the First Amendment. Justice Hugo L. Black, Justice Ruth Bader Ginsburg, Justice Anthony M. Kennedy, Justice Thurgood Marshall, and Chief Justice Earl Warren speak passionately about the equal protection of the laws guaranteed by the Constitution for every American regardless of race, ethnicity, gender, religion, or sexual orientation. Justice Stephen G. Breyer, Justice Felix Frankfurter, Justice Sandra Day O’Connor, and Chief Justice John G. Roberts explain the necessity of an independent judiciary, while Justice Harry A. Blackmun, Justice John Marshall Harlan, Justice Frank Murphy, and Justice Sonia Sotomayor each pen powerful dissents decrying racial discrimination and the enduring effects of racism.

Elsewhere, we see a more personal side of the justices. Justice Oliver Wendell Holmes writes poignantly about his grief at the passing of his wife. Justice Thurgood Marshall lovingly recalls his grandmother. Justice Elena Kagan shares her parents’ quest for the American dream, and Justice David H. Souter offers a moving tribute at the passing of his dear friend, Bill Brennan. In a dialogue that crosses the boundaries of time and place, the justices share their keen insights on the American ideals of freedom, equality, and justice, and their solemn duty to uphold the Constitution.

The Essential Wisdom of the Supreme Court invites readers to experience the powerful words of this remarkable group of men and women who have each offered—in his or her own singular way—the guidance, leadership, and inspiration that continue to shape our great nation.

Carol Kelly-Gangi, 2019

GOVERNMENT AND DEMOCRACY

That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most conduce to their own happiness, is the basis, on which the whole American fabric has been erected.

—John Marshall, Marbury v. Madison (1803)

The government, then, of the United States, can claim no powers which are not granted to it by the Constitution, and the powers actually granted, must be such as are expressly given, or given by necessary implication.

—Joseph Story, Martin v. Hunter’s Lessee (1816)

In our complex system, presenting the rare and difficult scheme of one general government, whose action extends over the whole, but which possesses only certain enumerated powers; and of numerous State governments, which retain and exercise all powers not delegated to the Union, contests respecting power must arise.

—John Marshall, Gibbons v. Ogden (1824)

[The] government of the United States has been emphatically termed a government of laws, and not of men.

—John Marshall, Marbury v. Madison (1803)

The doctrine of the separation of powers was adopted by the Convention of 1787, not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was, not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmental powers among three departments, to save the people from autocracy.

—Louis D. Brandeis, from his dissenting opinion in Myers v. United States (1926)

[E]fficiency and promptness can never be substituted for due process and adherence to the Constitution. Is not a dictatorship the most efficient form of government?

—Thurgood Marshall, dissenting opinion in United States v. Ross (1982)

The philosophy that constitutional limitations and legal restraints upon official action may be brushed aside upon the plea that good, perchance, may follow, finds no countenance in the American system of government.

—George Sutherland, Jones v. SEC (1936)

Decency, security and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fail to observe the law scrupulously. Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.

—Louis D. Brandeis, dissenting opinion in Olmstead v. United States (1928)

Effective self-government cannot succeed unless the people are immersed in a steady, robust, unimpeded, and uncensored flow of opinion and reporting which are continuously subjected to critique, rebuttal, and re-examination.

—William O. Douglas, dissenting opinion in Branzburg v. Hayes (1972)

Whether the government treats its citizens with dignity is a question whose answer must lie in the intricate texture of daily life. Neither a judge nor an administrator who operates on the basis of reason alone can fully grasp that answer, for each is cut off from the wellspring from which concepts such as dignity, decency, and fairness flow.

—William J. Brennan Jr., from his speech Reason, Passion, and the Progress of Law, presented at the Forty-Second Annual Benjamin N. Cardozo Lecture to the Association of the Bar of the City of New York, 1987

Today, as in ages past, we are not without tragic proof that the exalted power of some governments to punish manufactured crime dictatorially is the handmaid of tyranny.

—Hugo L. Black, Chambers v. Florida (1940)

Democracy rests upon two pillars; One, the principle that all men are equally entitled to life, liberty, and the pursuit of happiness; and the other, the conviction that such equal opportunity will most advance civilization. 

—Louis D. Brandeis, from his speech True Americanism, presented at Faneuil Hall, Boston, July 5, 1915

[A] democracy has the capacity—and the duty—to learn from its past mistakes; to discover and confront persisting biases; and by respectful, rationale deliberation to rise above those flaws and injustices. . . . The idea of democracy is that it can, and must, mature. Freedom embraces the right, indeed the duty, to engage in a rational, civic discourse in order to determine how best to form a consensus to shape the destiny of the Nation and its people.

—Anthony M. Kennedy, Schuette v. BAMN (2014)

The most important office and the one which all of us can and should fill is that of private citizen. The duties of the office of private citizen cannot under a republican form of government be neglected without serious injury to the public.

—Louis D. Brandeis, 1903

LIBERTY, FREEDOM, AND JUSTICE

Those who won our independence believed that the final end of the State was to make men free to develop their faculties, and that, in its government, the deliberative forces should prevail over the arbitrary. They valued liberty both as an end, and as a means. They believed liberty to be the secret of happiness, and courage to be the secret of liberty. They believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth; that, without free speech and assembly, discussion would be futile; that, with them, discussion affords ordinarily adequate protection against the dissemination of noxious doctrine; that the greatest menace to freedom is an inert people; that public discussion is a political duty, and that this should be a fundamental principle of the American government.

—Louis D. Brandeis, concurring opinion in Whitney v. California (1927)

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