“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

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

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "The Constitution is not a panacea for every blot upon the public welfare, nor should this Court, ordained as a judicial…" by John Marshall Harlan II?

John Marshall Harlan II 9

American judge and Associate Justice of the Supreme Court (… 1899–1971

Related quotes

“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).

“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.”

Hugo Black (1886–1971) U.S. Supreme Court justice

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

“Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault.”

Robert H. Jackson (1892–1954) American judge

Source: The Struggle for Judicial Supremacy: A Study in Crisis in American Power Politics (1941), P. 297

“As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.”

Byron White (1917–2002) Associate Justice of the U.S. Supreme Court, American football player

Dissenting from the decision of the US Supreme Court in Doe v. Bolton, 410 U.S. 179 at 222 (1973); also applied to Roe v. Wade, 410 U.S. 113 (1973).

“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

“[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)

“Every reform movement has a lunatic fringe.”

Theodore Roosevelt (1858–1919) American politician, 26th president of the United States

“The Constitution contains no right to abortion. It is not to be found in the longstanding traditions of our society, nor can it be logically deduced from the text of the Constitution - not, that is, without volunteering a judicial answer to the nonjusticiable question of when human life begins. Leaving this matter to the political process is not only legally correct, it is pragmatically so. That alone - and not lawyerly dissection of federal judicial precedents - can produce compromises satisfying a sufficient mass of the electorate that this deeply felt issue will cease distorting the remainder of our democratic process. The Court should end its disruptive intrusion into this field as soon as possible.”

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

Ohio v. Akron Center for Reproductive Health, (1990, concurring), 497 U.S. 502 http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?friend=oyez&navby=case&court=us&vol=497&invol=502#520 ; decided June 25,1990).
1990s

“For a century every contest with the Supreme Court has ended in evading the basic inconsistency between popular government and judicial supremacy.”

Robert H. Jackson (1892–1954) American judge

Source: The Struggle for Judicial Supremacy: A Study in Crisis in American Power Politics (1941), P. vii

“Every difference in men's concepts should be regarded as reflecting an objective contradiction. Objective contradictions are reflected in subjective thinking, and this process constitutes the contradictory movement of concepts, pushes forward the development of thought, and ceaselessly solves problems in man's thinking.”

Mao Zedong book On Contradiction

On Contradiction (1937)
Original: (zh-CN) 人的概念的每一差异，都应把它看作是客观矛盾的反映。客观矛盾反映入主观的思想，组成了概念的矛盾运动，推动了思想的发展，不断地解决了人们的思想问题。

“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.”

Help us to complete the source, original and additional information

John Marshall Harlan II 9

Related quotes

Related topics