The Supreme Court: How it Was, How it Is (1987).
Books, articles, and speeches
Context: An oft-heard description of the Supreme Court is that it is the ultimate protector in our society of the liberties of the individual. This phrase describes an important role of the Supreme Court, but by ignoring other equally important functions of the Court, it has a potential for mischief. It is a fairly short leap from this language to a feeling that the US Constitution is somehow "vindicated" every time a claim of individual right against government is upheld, and is not vindicated whenever such a claim is not upheld. But this, of course, cannot be the case. The role of the Supreme Court is to uphold those claims of individual liberty that it finds are well-founded in the Constitution, and to reject other claims against the government that it concludes are not well-founded. Its role is no more to exclusively uphold the claims of the individual than it is to exclusively uphold the claims of the government: It must hold the constitutional balance true between these claims.
“But there is one way in this country in which all men are created equal — there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution, gentlemen, is a court. It can be the Supreme Court of the United States or the humblest J. P. court in the land, or this honourable court which you serve. Our courts have their faults, as does any human institution, but in this country our courts are the great levellers, and in our courts all men are created equal.”
Pt. 2, ch. 20
Atticus Finch
To Kill a Mockingbird (1962)
Help us to complete the source, original and additional information
Harper Lee 142
American author 1926–2016Related quotes
Eyes on the Prize: America's Civil Rights Years, 1954–1965, by Juan Williams, Viking Penguin, January 1, 1987, <nowiki>ISBN 978-0-670-81412-1</nowiki>, p. 38.
On August 12, 1955 in Senatobia, Mississippi, about the Supreme Court ruling in Brown v. The Board of Education, which found racial segregation in the public schools unconstitutional
Unsourced
2014, Speech: Sponsorship Speech for the FY 2015 National Budget
Booknotes http://www.booknotes.org/Transcript/index_print.asp?ProgramID=1107 television interview (July 5, 1992)
1980s, First term of office (1981–1985), Abortion and the Conscience of the Nation (1983)
By J.R. Jagrat
Speech By Mr. S. G. Page, Government Pleader, High Court, Bombay, Made OnMonday, 28 September, 1992
2000s, The Logic of the Colorblind Constitution (2004)
Context: Harlan's dissenting opinion in Plessy, that the Constitution was colorblind, and that it did not countenance different and unequal classes of citizens, was based upon a belief in the truth of the principle of equality in which the founders and Lincoln had so profoundly believed. But this belief had been buried by progressivism, and has not been resurrected, except by the intellectual heirs of Leo Strauss. On intellectual grounds, it has never been refuted, and ought never to have been abandoned. There is not now, and never has been any such difference between one human being and another human being, or whatever race or color, such that one is by nature the ruler of the other, as any human being is by nature the ruler of any dog or any horse. For this reason, legitimate political authority can arise only by the consent of the governed, and consent can never be given for any reason other than the equal protection of the rights of the governed. Hence equal protection is the foundation of all constitutionalism, even apart from its specific inclusion in the Constitution itself. For more reasons than one, Justice Harlan's dissenting opinion ought to have been the opinion of the Court in 1896; even more ought it to have been the opinion of the Court in 1954. As Professor Edward J. Erler has demonstrated in the pages of the Claremont Review of Books, the principle of equal protection has never become the opinion of the Supreme Court of the United States, nor has it been favored in the writings of conservative jurists.
2015, Supreme Court Decision on Marriage Equality (June 2015)
Address at the University of Minnesota Law School; quoted in The New York Times (20 October 1984).
Books, articles, and speeches