“Under our constitutional system, courts stand against any winds that blow as havens of refuge for those who might otherwise suffer because they are helpless, weak, outnumbered, or because they are non-conforming victims of prejudice and public excitement…No higher duty, or more solemn responsibility rests upon this Court than that of translating into living law and maintaining this constitutional shield deliberately planned and inscribed for the benefit of every human being subject to our Constitution — of whatever race, creed, or persuasion.”

Writing for the court, Chambers v. Florida, 309 U.S. 227 (1940).

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Hugo Black26

U.S. Supreme Court justice 1886–1971

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“[T]he constitution controls any legislative act repugnant to it.... It is emphatically the province and duty of the judicial department to say what the law is.... So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution disregarding the law; the court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty.... Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions... It would be giving the legislature a practical and real omnipotence... The judicial power of the United States is extended to all cases arising under the constitution.”

John Marshall (1755–1835) fourth Chief Justice of the United States

5. U.S. (1 Cranch) 137
Marbury v. Madison (1803)

“The Constitution is not a panacea for every blot upon the public welfare, nor should this Court, ordained as a judicial body, be thought of as a general haven for reform movements.”

John Marshall Harlan II (1899–1971) American judge and Associate Justice of the Supreme Court (1899-1971)

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

“There is a constitution higher than any statute. There is a law higher than any constitution. It is the law of the human conscience”

Robert G. Ingersoll (1833–1899) Union United States Army officer

The trial of Charles B. Reynolds for blasphemy (1887)
Context: There is a constitution higher than any statute. There is a law higher than any constitution. It is the law of the human conscience, and no man who is a man will defile and pollute his conscience at the bidding of any legislature. Above all things, one should maintain his self-respect, and there is but one way to do that, and that is to live in accordance with your highest ideal.

“But it is recognized that punishment for the abuse of the liberty accorded to the press is essential to the protection of the public, and that the common law rules that subject the libeler to responsibility for the public offense, as well as for the private injury, are not abolished by the protection extended in our constitutions. The law of criminal libel rests upon that secure foundation. There is also the conceded authority of courts to punish for contempt when publications directly tend to prevent the proper discharge of judicial functions.”

Charles Evans Hughes (1862–1948) American judge

Near v. Minnesota, 283 U.S. 697 (1931).
Judicial opinions

“These decisions give support to a current mistaken view of the Constitution and the constitutional function of this court. This view, in short, is that every major social ill in this country can find its cure in some constitutional principle and that this court should take the lead in promoting reform when other branches of government fail to act. The Constitution is not a panacea for every blot upon the public welfare nor should this court, ordained as a judicial body, be thought of as a general haven of reform movements.”

John Marshall Harlan II (1899–1971) American judge and Associate Justice of the Supreme Court (1899-1971)

Dissenting in Reynolds v. Sims, 377 U.S. 533, 589 (1964).

“This result is unavoidable as a matter of basic constitutional law, as the Miers court recognized more than a decade ago. Today, this Court adds that this conclusion is inescapable precisely because compulsory appearance by dint of a subpoena is a legal construct, not a political one, and per the Constitution, no one is above the law.”

Ketanji Brown Jackson (1970) United States District Judge

Committee on the Judiary, United States House of Representatives, Plaintiff, v. Donald F. McGahn II, Defendant. (Nov 25, 2019)

“The Court thus proclaims itself sole arbiter of our Nation's moral standards—and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent. Words have no meaning if the views of less than 50 percent of death penalty States can constitute a national consensus. Our previous cases have required overwhelming opposition to a challenged practice, generally over a long period of time.”

Antonin Scalia (1936–2016) former Associate Justice of the Supreme Court of the United States

On executing minors: Roper v. Simmons (2005) (dissenting).
2000s

“Numbered among our population are some 12,000,000 colored people. Under our Constitution their rights are just as sacred as those of any other citizen. It is both a public and a private duty to protect those rights. The Congress ought to exercise all its powers of prevention and punishment against the hideous crime of lynching, of which the negroes are by no means the sole sufferers, but for which they furnish a majority of the victims.”

Calvin Coolidge (1872–1933) American politician, 30th president of the United States (in office from 1923 to 1929)

1920s, First State of the Union Address (1923)

“Man has only the rights he can defend. Our most basic right is life. It's enshrined not only in our Constitution, but in the charter of the United Nations. The prohibition against taking a life is found in our most ancient texts and in the statutes of every nation. Every murder, whether in Brooklyn, Santiago, Rwanda or Kosovo, demands punishment by whatever legal means possible. Otherwise, the right to life is just an empty promise. The law against murder applies to all. No matter the perpetrator, the victim, or the country where the murder is committed. It is the one moral law that recognizes no national, racial or religious boundaries. It can tolerate no exception. There is one law. One law. And when that law is broken it is the duty of every officer of any court to rise in defense of that law, and bring their full power and diligence to bear against the law breaker. Because Man has only those rights he can defend. Only those rights.”

Rene Balcer (1954) screenwriter, producer and director

Spoken by Assistant District Attorney Jack McCoy in the Law & Order episode Vaya Con Dios.
Law & Order

“It is our moral and constitutional obligation that the life of every human being, born and unborn, is respected and protected under the law.”

Paul Gosar (1958) American politician and dentist

Source: REP. PAUL GOSAR ISSUES STATEMENT ON ROE V. WADE ANNIVERSARY https://gosar.house.gov/news/documentsingle.aspx?DocumentID=2241 (Washington, DC, January 22, 2013)

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Hugo Black26

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