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Robert Bork citations

Robert Heron Bork, né le 1er mars 1927 à Pittsburgh et mort le 19 décembre 2012 dans le comté d'Arlington, est un juriste américain.

Soutenant la théorie de l'originalisme, l'une des théories de l'interprétation juridique, il est notamment avocat général des États-Unis, temporairement procureur général des États-Unis, et juge à la cour d'appel des États-Unis pour le circuit du district de Columbia. En 1987, il est nommé à la Cour suprême par le président Ronald Reagan, mais le Sénat fédéral rejette sa nomination. Par la suite, Bork exerce comme avocat[Où ?], professeur de droit[Où ?] et auteur. Wikipedia  

✵ 1. mars 1927 – 19. décembre 2012
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Robert Bork: 4   citations 0   J'aime

Robert Bork: Citations en anglais

“By 1954, when Brown came up for decision, it had been apparent for some time that segregation rarely if ever produced equality. Quite aside from any question of psychology, the physical facilities provided for blacks were not as good as those provided for whites. That had been demonstrated in a long series of cases... The Court's realistic choice, therefore, was either to abandon the quest for equality by allowing segregation or to forbid segregation in order to achieve equality. There was no third choice. Either choice would violate one aspect of the original understanding, but there was no possibility of avoiding that. Since equality and segregation were mutually inconsistent, though the ratifiers did not understand that, both could not be honored. When that is seen, it is obvious the Court must choose equality and prohibit state-imposed segregation. The purpose that brought the fourteenth amendment into being was equality before the law, and equality, not separation, was written into the law.”

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Robert Bork

The Tempting of America (1990), page 82; on Brown v. Board of Education.

“The American press is extraordinarily free and vigorous, as it should be. It should be, not because it is free of inaccuracy, oversimplification and bias, but because the alternative to that freedom is worse than those failings.”

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Robert Bork

Quoted by Anthony Lewis, " Abroad At Home; Getting Even http://www.nytimes.com/1985/04/11/opinion/abroad-at-home-getting-even.html", The New York Times (April 11, 1985); described as something Brok "wrote recently in a libel case".

“Laurence Tribe's constitutional theory is difficult to describe, for it is protean and takes whatever form is necessary at the moment to reach a desired result.”

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Robert Bork

The Tempting of America (1990), page 199; on the Living Constitution.

“[The] National Rifle Association is always arguing that the Second Amendment determines the right to bear arms. But I think it really is the people's right to bear arms in a militia. The NRA thinks it protects their right to have Teflon-coated bullets. But that's not the original understanding.”

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Robert Bork

In Miriam Bensimhorn, Advocates: Point and Counterpoint, Laurence Tribe and Robert Bork Debate the Framers' Spacious Terms, LIFE magazine, Fall 1991 (Special Issue).