Legal opinion

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

John Marshall

Marbury v. Madison

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Marshall, John. United States, Supreme Court. Marbury v. Madison. United States Reports, vol. 5, 24 Feb. 1803, pp. 137-180. Justia, supreme.justia.com/cases/federal/us/5/137/.

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Taxes are what we pay for civilized society.

Oliver Wendell Holmes, Jr.

Compania General de Tabacos de Filipinas v. Collector of Internal Revenue

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Holmes, Oliver Wendell, Jr. Dissenting Opinion. Compania de Tabacos de Filipinas v. Collector of Internal Revenue. United States Reports, vol. 275, 21 Nov. 1927, pp. 99-101. Justia, supreme.justia.com/cases/federal/us/275/87/.

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The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.

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, https://supreme.justia.com/cases/federal/us/277/438/.

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The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach.

Hugo Black

Everson v. Board of Education

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Black, Hugo. United States, Supreme Court. Everson v. Board of Education. United States Reports, vol. 330, 10 Feb. 1947, pp. 1-74. Justia, supreme.justia.com/cases/federal/us/330/1/.

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The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.

Robert H. Jackson

West Virginia State Board of Education v. Barnette

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Jackson, Robert H. United States, Supreme Court. West Virginia State Board of Education v. Barnette. United States Reports, vol. 319, 14 June 1943, pp. 624-671. Justia, supreme.justia.com/cases/federal/us/319/624/.

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These men and women...ask for equal dignity in the eyes of the law. The Constitution grants them that right.

Anthony Kennedy

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Obergefell v. Hodges

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On same-sex marriage.

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Kennedy, Anthony. United States, Supreme Court. Obergefell v. Hodges. United States Reports, vol. 576, 26 June 2015, no. 14-556, pp. 644-742. Justia, supreme.justia.com/cases/federal/us/576/14-556/.

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The arbitrary separation of citizens on the basis of race while they are on a public highway is a badge of servitude wholly inconsistent with the civil freedom and the equality before the law established by the Constitution... We boast of the freedom enjoyed by our people above all other peoples. But it is difficult to reconcile that boast with a state of the law which, practically, puts the brand of servitude and degradation upon a large class of our fellow citizens, our equals before the law. The thin disguise of "equal" accommodations for passengers in railroad coaches will not mislead anyone, nor atone for the wrong this day done.

John Marshall Harlan

Plessy v. Ferguson

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Harlan, John Marshall. Dissenting Opinion. Plessy v. Ferguson. United States Reports, vol. 163, 18 May 1896, pp. 552-564. Justia, supreme.justia.com/cases/federal/us/163/537/.

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If there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought—not free thought for those who agree with us but freedom for the thought that we hate.

Oliver Wendell Holmes, Jr.

United States v. Schwimmer

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Holmes, Oliver Wendell, Jr. Dissenting Opinion. United States v. Schwimmer. United States Reports, vol. 279, 27 May 1929, pp. 653-655. Justia, supreme.justia.com/cases/federal/us/279/644/.

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They are not included, and were not intended to be included, under the word "citizens" in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States.

Roger B. Taney

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Dred Scott v. Sandford

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On American slaves and their descendants.

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Taney, Roger B. United States, Supreme Court. Dred Scott v. Sandford. United States Reports, vol. 60, 6 Mar. 1857, pp. 393-633. Justia, supreme.justia.com/cases/federal/us/60/393/.

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It is emphatically the province and duty of the Judicial Department to say what the law is... If two laws conflict with each other, the Courts must decide on the operation of each... This is of the very essence of judicial duty.

John Marshall

Marbury v. Madison

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Marshall, John. United States, Supreme Court. Marbury v. Madison. United States Reports, vol. 5, 24 Feb. 1803, pp. 137-180. Justia, supreme.justia.com/cases/federal/us/5/137/.

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The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.

John Roberts

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Parents Involved in Community Schools v. Seattle School District No. 1

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Roberts, John. United States, Supreme Court. Parents Involved in Community Schools v. Seattle School District No. 1. United States Reports, vol. 551, 28 June 2007, pp. 701-876, https://supreme.justia.com/cases/federal/us/551/701/.

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An unconditional right to say what one pleases about public affairs is what I consider to be the minimum guarantee of the First Amendment.

Hugo Black

New York Times Co. v. Sullivan

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

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If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch.

Thurgood Marshall

Stanley v. Georgia

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Marshall, Thurgood. United States, Supreme Court. Stanley v. Georgia. United States Reports, vol. 394, 7 Apr. 1969, pp. 557-572. Justia, supreme.justia.com/cases/federal/us/394/557/.

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To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone... We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal.

Earl Warren

Brown v. Board of Education of Topeka

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Warren, Earl. United States, Supreme Court. Brown v. Board of Education of Topeka. United States Reports, vol. 347, 17 May 1954, pp. 483-496. Justia, supreme.justia.com/cases/federal/us/347/483/.

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The history of liberty has largely been the history of observance of procedural safeguards.

Felix Frankfurter

McNabb v. United States

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Frankfurter, Felix. United States, Supreme Court. McNabb v. United States. United States Reports, vol. 318, 1 Mar. 1943, pp. 339-349. Justia, supreme.justia.com/cases/federal/us/318/332/.

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In other words, the First Amendment has a penumbra where privacy is protected from governmental intrusion.

William O. Douglas

Grisworld v. Connecticut

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Douglas, William O. United States, Supreme Court. Griswold v. Connecticut. United States Reports, vol. 381, 7 June 1965, pp. 479–531. Justia, supreme.justia.com/cases/federal/us/381/479/.

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The house of everyone is to him as his castle and fortress, as well for his defence against injury and violence, as for his repose

Edward Coke

Semayne's Case

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Coke, Edward. Court of King's Bench. Peter Semayne v Richard Gresham. 5 Co Rep 91 a. Michaelmas Term, 1604.

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There is no doubt that, if there were a super-Supreme Court, a substantial proportion of our reversals of state courts would also be reversed. We are not final because we are infallible, but we are infallible only because we are final.

Robert H. Jackson

Brown v. Allen

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Jackson, Robert H. United States, Supreme Court. Brown v. Allen. United States Reports, vol. 344, 9 Feb. 1953, pp. 443. Justia, https://supreme.justia.com/cases/federal/us/344/443/.

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If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child.

William J. Brennan, Jr.

Eisentadt v. Baird

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Brennan, William J, Jr. United States, Supreme Court. Eisentadt v. Baird. United States Reports, vol. 405, 22 Mar. 1972, pp. 438-472. supreme.justia.com/cases/federal/us/405/438/.

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Under the First Amendment there is no such thing as a false idea. However pernicious an opinion may seem, we depend for its correction not on the conscience of judges and juries but on the competition of other ideas.

Lewis F. Powell, Jr.

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Gertz v. Robert Welch, Inc.

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Powell, Lewis F., Jr. United States, Supreme Court. Gertz v. Robert Welch, Inc. United States Reports, vol. 418, 25 June 1974, pp. 323-404. https://supreme.justia.com/cases/federal/us/418/323/.

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