John Marshall Harlan II: Process

John Marshall Harlan II was American judge and Associate Justice of the Supreme Court (1899-1971). Explore interesting quotes on process.

John Marshall Harlan II: 18 quotes 0 likes

“Without this guarantee that one may not be deprived of his rights, neither liberty nor property, without due process of law, the State's monopoly over techniques for binding conflict resolution could hardly be said to be acceptable under our scheme of things. Only by providing that the social enforcement mechanism must function strictly within these bounds can we hope to maintain an ordered society that is also just.”

John Marshall Harlan II

Boddie v. Connecticut, 401 U.S. 371, 374-75 (1971).

Law , Hope

“This Court, limited in function in accordance with that premise, does not serve its high purpose when it exceeds its authority, even to satisfy justified impatience with the slow workings of the political process. For when, in the name of constitutional interpretation, the Court adds something to the Constitution that was deliberately excluded from it, the Court, in reality, substitutes its view of what should be so for the amending process.”

John Marshall Harlan II

Dissenting in Reynolds v. Sims, 377 U.S. 533, 624-25 (1964).

Reality

“The Due Process Clause of the Fourteenth Amendment stands, in my opinion, on its own bottom.”

John Marshall Harlan II

Concurring in Griswold v. Connecticut, 381 U.S. 479 (1965).

“His thinking threw light in a very introspective way on the entire process of the judicial function. His decisions, beyond just the vote they represented, were sufficiently philosophical to be of enduring interest. He decided the case before him with that respect for its particulars, its special features, that marks alike the honest artist and the just judge.”

John Marshall Harlan II

Paul Freund, The Judges' Judge http://www.time.com/time/magazine/article/0,9171,877560,00.html, Time Magazine (June 10, 1972).
About Harlan

Way , Decision , Thinking , Light