Legal writing

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No freeman shall be taken, or imprisoned, or outlawed, or exiled, or in any way harmed, nor will we go upon him nor will we send upon him, except by the legal judgment of his peers or by the law of the land.

Magna Carta

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Original Citation

Magna Carta Libertatum [Great Charter of Freedoms]. 5 June 1215, clause 39.

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Current Citation

Magna Carta, translated by David A. Carpenter. Penguin Classics, 2015, clause 39.

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All presumptive evidence of felony should be admitted cautiously; for the law holds, that it is better that ten guilty persons escape, than that one innocent suffer.

William Blackstone

Commentaries on the Laws of England

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Original Citation

Blackstone, William. Commentaries on the Law of England: Book the Fourth. Oxford: Clarendon Press, 1769, ch. 27.

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Current Citation

Blackstone, William. Commentaries on the Laws of England: Book IV Of Public Wrongs, edited by David Lemmings. Oxford University Press, 2016, ch. 27.

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Campaign promises are-by long democratic tradition-the least binding form of human commitment.

Antonin Scalia

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Scalia, Antonin. United States, Supreme Court. Republican Party of Minnesota v. White. United States Reports, vol. 534, 17 June 2002, pp. 765-821. Justia, supreme.justia.com/cases/federal/us/536/765/.

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Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional.

John Marshall

McCulloch v. Maryland

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Marshall, John. United States, Supreme Court. McCulloch v. Maryland. United States Reports, vol. 17, 5 Mar. 1819, pp. 316-437. Justia, supreme.justia.com/cases/federal/us/17/316/.

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Whence it is that in our law the goodness of a custom depends upon its having been used time out of mind; or, in the solemnity of our legal phrase, time whereof the memory of man runneth not to the contrary.

William Blackstone

Commentaries on the Laws of England

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Original Citation

Blackstone, William. Commentaries on the Law of England: Book the First. Oxford: Clarendon Press, 1765, introduction, sec. 3.

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Current Citation

Blackstone, William. Commentaries on the Laws of England: Book I Of the Rights of Persons, edited by David Lemmings. Oxford University Press, 2016, introduction, sec. 3.

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I know it when I see it.

Potter Stewart

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Jacobellis v. Ohio

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On the nature of "obscenity".

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Stewart, Potter. United States, Supreme Court. Jacobellis v. Ohio. United States Reports, vol. 378, 22 June 1964, pp. 184-204. Justia, supreme.justia.com/cases/federal/us/378/184/.

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The people made the Constitution, and the people can unmake it. It is the creature of their will, and lives only by their will.

John Marshall

Cohens v. Virginia

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Marshall, John. United States, Supreme Court. Cohens v. Virginia. United States Reports, vol. 19, 4 Mar. 1821, pp. 264-448. Justia, supreme.justia.com/cases/federal/us/19/264/.

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We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today.

Sandra Day O'Connor

Grutter v. Bollinger

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O'Connor, Sandra Day. United States, Supreme Court. Grutter v. Bollinger. United States Reports, vol. 539, 23 June 2003, pp. 306-395. Justia, supreme.justia.com/cases/federal/us/539/306/.

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Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.

Earl Warren

Miranda v. Arizona

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Warren, Earl. United States, Supreme Court. Miranda v. Arizona. United States Reports, vol. 384, 13 June 1966, pp. 436-545. Justia, supreme.justia.com/cases/federal/us/384/436/.

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Legislation is powerless to eradicate racial instincts or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation.

Henry Billings Brown

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Plessy v. Ferguson

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Brown, Henry Billings. United States, Supreme Court. Plessy v. Ferguson. United States Reports, vol. 163, 18 May 1896, pp. 537-564. Justia, supreme.justia.com/cases/federal/us/163/537/.

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Of that freedom one may say that it is the matrix, the indispensable condition, of nearly every other form of freedom.

Benjamin Cardozo

Palko v. Connecticut

On freedom of thought and speech.

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Cardozo, Benjamin Nathan. United States, Supreme Court. Palko v. Connecticut. United States Reports, vol. 302, 6 Dec. 1937, pp. 319-329. Justia, supreme.justia.com/cases/federal/us/302/319/.

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In a democratic society like ours, relief must come through an aroused popular conscience that sears the conscience of the people's representatives.

Felix Frankfurter

Baker v. Carr

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Frankfurter, Felix. Dissenting Opinion. Baker v. Carr. United States Reports, vol. 369, 26 Mar. 1962, pp. 266-349. Justia, supreme.justia.com/cases/federal/us/369/186/.

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The constitutional guarantees require, we think, a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with "actual malice"—that is, with knowledge that it was false or with reckless disregard of whether it was false or not.

William J. Brennan, Jr.

New York Times Co. v. Sullivan

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Brennan, William J, Jr. United States, Supreme Court. New York Times Co. v. Sullivan. United States Reports, vol. 376, 9 Mar. 1964, pp. 254-305. supreme.justia.com/cases/federal/us/376/254/.

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They conferred, as against the Government, the right to be let alone—the most comprehensive of rights and the right most valued by civilized men.

Louis Brandeis

Olmstead v. United States

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Brandeis, Louis. Dissenting Opinion. Olmstead v. United States. United States Reports, vol. 277, 4 June 1928, pp. 471-485. Justia, supreme.justia.com/cases/federal/us/277/438/.

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The Constitution, in all its provisions, looks to an indestructible Union composed of indestructible States.

Salmon P. Chase

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Texas v. White

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Chase, Salmon P. United States, Supreme Court. Texas v. White. United States Reports, vol. 74, 12 Apr. 1869, pp. 700-743. Justia, supreme.justia.com/cases/federal/us/74/700/.

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We hold that obscenity is not within the area of constitutionally protected speech or press.

William J. Brennan, Jr

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Brennan, William J., Jr. United States, Supreme Court. Roth v. United States. United States Reports, vol. 354, 24 June 1957, pp. 476-514. Justia, supreme.justia.com/cases/federal/us/354/476/.

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And, precisely because it is our flag that is involved, one's response to the flag-burner may exploit the uniquely persuasive power of the flag itself. We can imagine no more appropriate response to burning a flag than waving one's own, no better way to counter a flag burner's message than by saluting the flag that burns, no surer means of preserving the dignity even of the flag that burned than by—as one witness here did—according its remains a respectful burial. We do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents.

William J. Brennan, Jr.

Texas v. Johnson

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Brennan, William J, Jr. United States, Supreme Court. Texas v. Johnson. United States Reports, vol. 491, 21 June 1989, pp. 397-439. Justia, supreme.justia.com/cases/federal/us/491/397/.

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Man is, or should be, woman's protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The Constitution of the family organization, which is founded in the divine ordinance, as well as the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood... The paramount destiny and mission of woman are to fulfil the noble and benign offices of wife and mother. This is the law of the Creator.

Joseph P. Bradley

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Bradwell v. State of Illinois

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Bradley, Joseph P. United States, Supreme Court. Bradwell v. State of Illinois. United States Reports, vol. 83 (16 Wall.), 15 Apr. 1873, pp. 130-142, https://supreme.justia.com/cases/federal/us/83/130/.

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Our civilization has decided, and very justly decided, that determining the guilt or innocence of men is a thing too important to be trusted to trained men.... When it wants a library catalogued, or the solar system discovered, or any trifle of that kind, it uses up its specialists. But when it wishes anything done which is really serious, it collects twelve of the ordinary men standing round.

G.K. Chesterton

Tremendous Trifles

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Chesterton, G.K. "The Twelve Men." In Defense of Sanity: The Best Essays of G.K. Chesterton. Ignatius Press, 2011. Originally published by Methuen, 1909.

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It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error.

Robert H. Jackson

American Communications Assn. v. Douds

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Jackson, Robert H. United States, Supreme Court. American Communications Assn. v. Douds. United States Reports, vol. 339, 8 May 1950, pp. 382-453. Justia, supreme.justia.com/cases/federal/us/339/382/.

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