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The life of the law has not been logic: it has been experience.

Oliver Wendell Holmes, Jr.

The Common Law

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Holmes, Oliver Wendell, Jr. "Lecture 1: Early Forms of Liability." Lowell Lectures. 23 Nov. 1880, Lowell Institute, Lowell, MA, USA.

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Holmes, Oliver Wendell, Jr. The Common Law. Belknap Press, 2009, lecture 1.

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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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Insanity is often the logic of an accurate mind overtasked.

Oliver Wendell Holmes, Jr.

Read The Autocrat of the Breakfast-Table at Project Gutenberg

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Holmes, Oliver Wendell, Sr. "The Autocrat of the Breakfast-Table." The New England Magazine. Boston: Joseph T. Buckingham, Nov. 1831 and Feb. 1832.

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Holmes, Oliver Wendell. The Autocrat of the Breakfast-Table. Dover Publications, 2015.

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

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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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This is a circus. It's a national disgrace. And from my standpoint as a black American, as far as I'm concerned, it is a high-tech lynching for uppity blacks who in any way deign to think for themselves, to do for themselves.

Clarence Thomas

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On the Senate hearings on his nomination to the Supreme Court.

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Thomas, Clarence. Quoted in The New York Times. 12 Oct. 1991. Originally a statement before the Senate Judiciary Committee. 11 Oct. 1991, Washington, DC, USA.

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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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The only prize much cared for by the powerful is power. The prize of the general is not a bigger tent, but command.

Oliver Wendell Holmes, Jr.

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Original Citation

Holmes, Oliver Wendell, Jr. "Law and the Court." Dinner of the Harvard Law Association of New York. 15 Feb. 1913, New York, NY, USA.

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Current Citation

Holmes, Oliver Wendell, Jr. "Law and the Court." The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions, and Other Writings of Oliver Wendell Holmes, Jr, edited by Richard A. Posner. University of Chicago Press, 1997.

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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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They cannot commit treason, nor be outlawed, nor excommunicate, for they have no souls.

Edward Coke

On corporations.

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Coke, Edward. Case of Sutton's Hospital, 10 Rep 32; 77 Eng Rep 960, 973, KB 1612.

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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 law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics.

Oliver Wendell Holmes, Jr.

The Common Law

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Original Citation

Holmes, Oliver Wendell, Jr. "Lecture 1: Early Forms of Liability." Lowell Lectures. 23 Nov. 1880, Lowell Institute, Lowell, MA, USA.

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Current Citation

Holmes, Oliver Wendell, Jr. The Common Law. Belknap Press, 2009, lecture 1.

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