Shaughnessy v. United States ex rel Mezei, 345 U.S. 206, 224–25 (1953)
Judicial opinions
Context: Procedural fairness, if not all that originally was meant by due process of law, is at least what it most uncompromisingly requires. Procedural due process is more elemental and less flexible than substantive due process. It yields less to the times, varies less with conditions, and defers much less to legislative judgment. Insofar as it is technical law, it must be a specialized responsibility within the competence of the judiciary on which they do not bend before political branches of the Government, as they should on matters of policy which compromise substantive law.
If it be conceded that in some way [that the agency could take the action it did], does it matter what the procedure is? Only the untaught layman or the charlatan lawyer can answer that procedure matters not. Procedural fairness and regularity are of the indispensable essence of liberty. Severe substantive laws can be endured if they are fairly and impartially applied. Indeed, if put to the choice, one might well prefer to live under Soviet substantive law applied in good faith by our common-law procedures than under our substantive law enforced by Soviet procedural practices. Let it not be overlooked that due process of law is not for the sole benefit of an accused. It is the best insurance for the Government itself against those blunders which leave lasting stains on a system of justice but which are bound to occur on ex parte consideration.
The Queen v. Miles (1890), L. R. 24 Q. B. 433.
“It is hardly lack of due process for the Government to regulate that which it subsidizes.”
Wickard v. Filburn, 317 U.S. 131, 131 (1943)
Judicial opinions
Crisis of the House Divided: An Interpretation of the Issues in the Lincoln Douglas Debates http://archive.li/CFqbg (1959), p. 195
1950s
Context: Lincoln was again and again to refer to the proposition, 'all men are created equal', as an 'abstract truth', a truth which was the life principle of American law. The implications of this truth were only partially realized, even for white men, and largely denied as far as black men were concerned. Yet it supplied the direction, the meaning, of all good laws in this country, although the attempt at that time to achieve all that might and ought ultimately to be demanded in its name would have been disastrous. A law is foolish which does not aim at abstract or intrinsic justice; and so is it foolish to attempt to achieve abstract justice as the sole good by succumbing to the fallacy to which the mind is prone, which regards direct consequences as if they were the only consequences. Those who believe anything sanctioned by law is right commit one great error; those who believe the law should sanction only what is right commit another. Either error might result in foolish laws; and, although a foolish law may be preferable to a wise dictator, a wise law is preferable to both.
The King v. Justices of Surrey (1794), 6 T. R. 78.
The reference to Cassius is that of the character in William Shakespeare's play Julius Caesar. Listen to an mp3 sound file http://www.otr.com/murrow_mccarthy.shtml of parts of this statement.
See It Now (1954)
Context: No one familiar with the history of this country can deny that congressional committees are useful. It is necessary to investigate before legislating, but the line between investigating and persecuting is a very fine one and the junior Senator from Wisconsin has stepped over it repeatedly. His primary achievement has been in confusing the public mind as between the internal and the external threats of communism. We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. We will not walk in fear, one of another. We will not be driven by fear into an age of unreason, if we dig deep in our history and our doctrine, and remember that we are not descended from fearful men — not from men who feared to write, to speak, to associate and to defend causes that were, for the moment, unpopular. This is no time for men who oppose Senator McCarthy's methods to keep silent, or for those who approve. We can deny our heritage and our history, but we cannot escape responsibility for the result. There is no way for a citizen of a republic to abdicate his responsibilities. As a nation we have come into our full inheritance at a tender age. We proclaim ourselves, as indeed we are, the defenders of freedom, wherever it continues to exist in the world, but we cannot defend freedom abroad by deserting it at home. The actions of the junior Senator from Wisconsin have caused alarm and dismay amongst our allies abroad, and given considerable comfort to our enemies. And whose fault is that? Not really his. He didn't create this situation of fear; he merely exploited it — and rather successfully. Cassius was right. "The fault, dear Brutus, is not in our stars, but in ourselves." Good night, and good luck.
“That government is best which makes itself unnecessary.”
Diejenige Regierung ist die beste, die sich überflüssing macht.
As quoted in Dictionary of Quotations from Ancient and Modern English and Foreign Sources (1899) by James Wood
Source: Legal foundations of capitalism. 1924, p. 351-352
“But when notice is a person's due, process which is a mere gesture is not 'due process.”
Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950)
Judicial opinions
“Make it a rule never to accuse without due consideration any body or association of men.”
Misattributed, Jackson's personal book of maxims
