Under the Articles of Confederation, the national government had the power to issue commands to the several sovereign states, but it had no authority to govern individuals directly.
David Souter
The Constitution is a pantheon of values, and a lot of hard cases are hard because the Constitution gives no simple rule of decision for the cases in which one of the values is truly at odds with another.
We want order and security, and we want liberty. And we want not only liberty but equality as well.
Meaning comes from the capacity to see what is not in some simple, objective sense there on the printed page.
Murder has foreseeable consequences. When it happens, it is always to distinct individuals, and after it happens, other victims are left behind.
The Constitution is no simple contract, not because it uses a certain amount of open-ended language, but because its language grants and guarantees many good things, and good things that compete with each other and can never all be realized, altogether, all at once.
There is a danger to judicial independence when people have no understanding of how the judiciary fits into the constitutional scheme.
The Constitution has a good share of deliberately open-ended guarantees, like rights to due process of law, equal protection of the law, and freedom from unreasonable searches.
The restoration comes not only from the landscape and air, though they play their significant part, but from the people. I feel a strong need to be in New Hampshire for as much of the summer as I can manage it.
Millions of statements are made about the president every day on every subject and from every standpoint; threats of violence are not an integral feature of any one subject or viewpoint as distinct from others. Differential treatment of threats against the president, then, selects nothing but special risks, not special messages.
For those whose exclusive norm of constitutional judging is merely fair reading of language applied to facts objectively viewed, 'Brown' must either be flat-out wrong or a very mystifying decision.
History provides an antidote to cynicism about the past.
Ellis Island lies in New York Harbor 1,300 feet from Jersey City, New Jersey, and one mile from the tip of Manhattan. At the time of the first European settlement, it was mostly mud, sand, and oyster shells, which nearly disappeared at high tide.
Over the course of 19 years on the Supreme Court, I learned some lessons about the Constitution of the United States.
I retired when the Supreme Court rose for the summer recess in 2009, and a couple of weeks later I drove north from Washington with no regrets about the prior 19 years or about the decision to try living a more normal life for whatever time might remain.
I am not a pessimist, but I am not an optimist about the future of American democracy.
The obligation of any judge is to decide the case before the court, and the nature of the issue presented will largely determine the appropriate scope of the principle on which its decision should rest.
There can be no stronger claim to a physician's assistance than at the time when death is imminent, a moral judgment implied by the state's own recognition of the legitimacy of medical procedures necessarily hastening the moment of impending death.
The day you see a camera come into our courtroom, it's going to roll over my dead body.
The language of the Constitution's guarantee of equal protection of the laws did not change between 1896 and 1954, and it would be very hard to say that the obvious facts on which 'Plessy' was based had changed.
If speech always wins, even if it's an atomic secret that's going to be broadcast to our enemies, it's easy to make a decision. Speech always wins. But it doesn't... Liberty doesn't always trump equality or equality always trump liberty.
In a perfect world, I would never give another speech, address, talk, lecture or whatever as long as I live.
Every defendant knows, if endowed with the mental competence for criminal responsibility, that the life he will take by his homicidal behavior is that of a unique person, like himself, and that the person to be killed probably has close associates, 'survivors,' who will suffer harms and deprivations from the victim's death.
What I worry about is that when problems are not addressed, people will not know who is responsible.
I find the workload of what I do sufficiently great that when the term of court starts, I undergo a sort of annual intellectual lobotomy.
Congress has the power to legislate with regard to activity that, in the aggregate, has a substantial effect on interstate commerce.
It may be that the seemingly intrinsic attraction that past time has for me is merely a desire for escapism, as I look out at the nation and world with little optimism.
The court has to decide which of our approved desires has the better claim, right here, right now, and a court has to do more than read fairly when it makes this kind of choice.
I would like to think that enough examples of non-compromise are going to start people thinking that there must be a better way to try to govern the country.
While Congress did not, to my knowledge, calculate aggregate dollar values for the nationwide effects of racial discrimination in 1964, in 1994 it did rely on evidence of the harms caused by domestic violence and sexual assault, citing annual costs of $3 billion in 1990 and $5 to $10 billion in 1993.
We hold that an employer is vicariously liable for actionable discrimination caused by a supervisor, but subject to an affirmative defense looking to the reasonableness of the employer's conduct as well as that of a plaintiff victim.
The Court's majority holds that the Establishment Clause is no bar to Ohio's payment of tuition at private religious elementary and middle schools under a scheme that systematically provides tax money to support the schools' religious missions.
The applicability of the Establishment Clause to public funding of benefits to religious schools was settled in Everson v. Board of Ed. of Ewing, which inaugurated the modern era of establishment doctrine.
Legislatures not driven to desperation by the problems of public education may be able to see the threat in vouchers negotiable in sectarian schools.
When Congress exercises the powers delegated to it by the Constitution, it may impose affirmative obligations on executive and judicial officers of state and local governments as well as ordinary citizens.
The Brady Act was passed in response to what Congress described as an 'epidemic of gun violence.'
