Martí : Thoughts/Pensamientos (1994)
The Limits of Power: The End of American Exceptionalism (2008).
1963, Address at Vanderbilt University
The Vision
The Vision: Reflections on the Way of the Soul (1994)
“Procedural fairness and regularity are of the indispensable essence of liberty.”
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.
1963, Address at the Free University of Berlin
“I have two rules in life - to hell with it, whatever it is, and get your work done.”
“Liberty is to be subserved, whatever occurs.”
To a Foiled European Revolutionaire
Bartlett's Familiar Quotations, 10th ed. (1919)
The trial of Charles B. Reynolds for blasphemy (1887)
Context: Liberty is the condition of progress. Without Liberty, there remains only barbarism. Without Liberty, there can be no civilization.
If another man has not the right to think, you have not even the right to think that he thinks wrong. If every man has not the right to think, the people of New Jersey had no right to make a statute, or to adopt a constitution — no jury has the right to render a verdict, and no court to pass its sentence.
In other words, without liberty of thought, no human being has the right to form a judgment. It is impossible that there should be such a thing as real religion without liberty. Without liberty there can be no such thing as conscience, no such word as justice. All human actions — all good, all bad — have for a foundation the idea of human liberty, and without Liberty there can be no vice, and there can be no virtue.
Without Liberty there can be no worship, no blasphemy — no love, no hatred, no justice, no progress.
Take the word Liberty from human speech and all the other words become poor, withered, meaningless sounds — but with that word realized — with that word understood, the world becomes a paradise.
“Order without liberty and liberty without order are equally destructive.”
