Dissent and the Supreme Court by Melvin I. Urofsky

Author:Melvin I. Urofsky [Urofsky, Melvin I.]
Language: eng
Format: epub
Publisher: Knopf Doubleday Publishing Group
Published: 2015-10-13T00:00:00+00:00

CHAPTER 9

THE PRIMA DONNAS II

INCORPORATION, CRIMINAL PROCEDURE, AND FREE SPEECH

It is our business not to decide constitutional issues, not to enter the domain of political conflicts as to power, which Constitutional issues are, by the most rigorous application of traditional procedural restrictions. That’s not “avoiding jurisdiction,” that’s being observant of our constitutional duty as formulated from the beginning of our history.

—FELIX FRANKFURTER TO STANLEY REED, 1941

No higher duty, no more solemn responsibility, rests upon this Court, than that of translating into living law and maintaining this constitutional shield deliberately planned and inscribed for the benefit of every human being subject to our Constitution—of whatever race, creed or persuasion.

—HUGO BLACK, CHAMBERS V. FLORIDA (1940)

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