Legal opinion

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Certainly all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the Legislature repugnant to the Constitution is void.

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 day that this country ceases to be free for irreligion, it will cease to be free for religion—except for the sect that can win political power.

Robert H. Jackson

Zorach v. Clauson

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Jackson, Robert H. Dissenting Opinion. Zorach v. Clauson. United States Reports, vol. 343, 28 Apr. 1952, pp. 323-325. Justia, supreme.justia.com/cases/federal/us/343/306/.

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The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance… Various guarantees create zones of privacy.

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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A word is not a crystal, transparent and unchanged, it is the skin of a living thought, and may vary greatly in color and content according to the circumstances and the time in which it is used.

Oliver Wendell Holmes, Jr.

Towne v. Eisner

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Holmes, Oliver Wendell, Jr. United States, Supreme Court. Towne v. Eisner. United States Reports, vol. 245, 7 Jan. 1918, pp. 418-427. Justia, supreme.justia.com/cases/federal/us/245/418/.

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To establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.

Nicholas Conyngham Tindal

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M'Naghten's Case

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Tindal, Nicholas Conyngham. Delivering an exposition of the rules. M'Naghten's Case. c. 1843, Palace of Westminster, London, England, UK.

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It will need more than the Nineteenth Amendment to convince me that there are no differences between men and women, or that legislation cannot take those differences into account.

Oliver Wendell Holmes, Jr.

Adkins v. Children's Hospital

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Holmes, Oliver Wendell, Jr. Dissenting Opinion. Adkins v. Children's Hospital. United States Reports, vol. 261, 9 Apr. 1923, pp. 567-571. Justia, supreme.justia.com/cases/federal/us/250/616/.

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The conception of political equality from the Declaration of Independence, to Lincoln's Gettysburg Address, to the Fifteenth, Seventeenth, and Nineteenth Amendments can mean only one thing—one person, one vote.

William O. Douglas

Gray v. Sanders

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Douglas, William O. United States, Supreme Court. Gray v. Sanders. United States Reports, vol. 372, 17 June 1963, pp. 368-372. Justia, supreme.justia.com/cases/federal/us/372/368/.

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We must never forget that it is a Constitution we are expounding.

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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The power to tax involves the power to destroy.

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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Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful.

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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We have long since made clear that a state of war is not a blank check for the President when it comes to the rights of the Nation's citizens.

Sandra Day O'Connor

Hamdi v. Rumsfeld

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O'Connor, Sandra Day. United States, Supreme Court. Hamdi et al. v. Rumsfeld. United States Reports, vol. 542, 28 June 2004, pp. 507-599. Justia, supreme.justia.com/cases/federal/us/542/507/.

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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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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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