“If we concede to the State power and wisdom to single out "duly constituted religious" bodies as exclusive alternatives for compulsory secular instruction, it would be logical to also uphold the power and wisdom to choose the true faith among those "duly constituted." We start down a rough road when we begin to mix compulsory public education with compulsory godliness.”

343 U.S. 325
Judicial opinions, Zorach v. Clauson (1952)

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Robert H. Jackson 96
American judge 1892–1954

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“Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard.”

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“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.”

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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.

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