“The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts.”

319 U.S. 638
Judicial opinions, West Virginia State Board of Education v. Barnette (1943)
Context: The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.

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 very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, t…" by Robert H. Jackson?
Robert H. Jackson photo
Robert H. Jackson 96
American judge 1892–1954

Related quotes

Felix Adler photo

“We seek to become morally certain — that is, certain for moral purposes — of what is beyond the reach of demonstration. But our moral optimism must include the darkest facts that pessimism can point to, include them and transcend them.”

Felix Adler (1851–1933) German American professor of political and social ethics, rationalist, and lecturer

Section 9 : Ethical Outlook
Founding Address (1876), Life and Destiny (1913)
Context: Theologians often say that faith must come first, and that morality must be deduced from faith. We say that morality must come first, and faith, to those whose nature fits them to entertain it, will come out of the experience of a deepened moral life as its richest, choicest fruit.
Precisely because moral culture is the aim, we cannot be content merely to lift the mass of mankind above the grosser forms of evil. We must try to advance the cause of humanity by developing in ourselves, as well as in others, a higher type of manhood and womanhood than the past has known.
To aid in the evolution of a new conscience, to inject living streams of moral force into the dry veins of materialistic communities is our aim.
We seek to come into touch with the ultimate power in things, the ultimate peace in things, which yet, in any literal sense, we know well that we cannot know. We seek to become morally certain — that is, certain for moral purposes — of what is beyond the reach of demonstration. But our moral optimism must include the darkest facts that pessimism can point to, include them and transcend them.

Harry V. Jaffa photo
Ilana Mercer photo
Mikhail Bakunin photo
Edward Macnaghten, Baron Macnaghten photo

“It is not the function of a Court of justice to enforce or give effect to moral obligations which do not carry with them legal or equitable rights.”

Edward Macnaghten, Baron Macnaghten (1830–1913) Anglo-Irish rower, barrister, politician and Lord of Appeal in Ordinary

Blackburn, Low & Co. v. Vigors (1887), L. R. 12 Ap. Ca. 543.

Lloyd Kenyon, 1st Baron Kenyon photo
Ilana Mercer photo

“If the Bill of Rights was intended to place strict limits on federal power and protect individual and locality from the national government—the 14th Amendment effectively defeated that purpose by placing the power to enforce the Bill of Rights in federal hands, where it was never intended to be.”

Ilana Mercer South African writer

“Conned About Marriage, Constitution and States’ Rights” http://www.wnd.com/2014/01/conned-about-marriage-constitution-and-states-rights, WorldNetDaily.com, January 23, 2014.
2010s, 2014

Thomas Jefferson photo

“Let us save what remains: not by vaults and locks which fence them from the public eye and use in consigning them to the waste of time, but by such a multiplication of copies, as shall place them beyond the reach of accident.”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

Letter to a Mr. Hazard (18 February 1791) published in The Writings of Thomas Jefferson (1853), Vol. 2, edited by Henry Augustine Washington, p. 211
1790s
Context: I learn with great satisfaction that you are about committing to the press the valuable historical and State papers you have been so long collecting. Time and accident are committing daily havoc on the originals deposited in our public offices. The late war has done the work of centuries in this business. The last cannot be recovered, but let us save what remains; not by vaults and locks which fence them from the public eye and use in consigning them to the waste of time, but by such a multiplication of copies, as shall place them beyond the reach of accident.

William O. Douglas photo

“The critical point is that the Constitution places the right of silence beyond the reach of government.”

William O. Douglas (1898–1980) Associate Justice of the Supreme Court of the United States

Dissenting, Ullmann v. United States, 350 U.S. 422 (1956)
Judicial opinions

William Pitt, 1st Earl of Chatham photo

“I have the principles of an Englishman, and I utter them without apprehension or reserve…this is not the language of faction; let it be tried by that criterion, by which alone we can distinguish what is factious, from what is not—by the principles of the English constitution. I have been bred up in these principles, and I know that when the liberty of the subject is invaded, and all redress denied him, resistance is justifiable…the constitution has its political Bible, by which if it be fairly consulted, every political question may, and ought to be determined. Magna Charta, the Petition of Rights and the Bill of Rights, form that code which I call the Bible of the English constitution.”

William Pitt, 1st Earl of Chatham (1708–1778) British politician

Had some of his Majesty's unhappy predecessors trusted less to the commentary of their Ministers, and been better read in the text itself, the glorious Revolution might have remained only possible in theory, and their fate would not now have stood upon record, a formidable example to all their successors.
Speech in the House of Lords (22 January 1770), quoted in William Pitt, The Speeches of the Right Honourable the Earl of Chatham in the Houses of Lords and Commons: With a Biographical Memoir and Introductions and Explanatory Notes to the Speeches (London: Aylott & Jones, 1848), p. 98.

Related topics