“[M]uch of what our Supreme Court does involves filling in the "great silences of the Constitution"...”

—  Laurence Tribe

Soundings and Silences (2016)

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Laurence Tribe35
American lawyer and law school professor 1941

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“[M]any of the most important Supreme Court decisions take the form of holding that a particular limit either has not been exceeded or, more fundamentally, that the asserted limit is not in fact part of the Constitution at all.”

Laurence Tribe (1941) American lawyer and law school professor

Soundings and Silences (2016)

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“[W]e have a Supreme Court, like yours, which, since we put a charter of rights in our constitution in 1982, is becoming increasingly arbitrary and important. It is also appointed by the Prime Minister. Unlike your Supreme Court, we have no ratification process.”

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“I am particularly proud of my contributions in recent cases in which the government has argued in the Supreme Court that racial and ethnic quotas should not be allowed and that the Constitution does not protect a right to an abortion.”

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“This decision reveals an alarming tendency to destroy the sovereignty of the states. Our supreme court is usurping the legislative function, and Congress may yet prove the last citadel of constitutional government”

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“What today's decision will stand for, whether the Justices can bring themselves to say it or not, is the power of the Supreme Court to write a prophylactic, extraconstitutional Constitution, binding on Congress and the States.”

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“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.”

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“The Court's justification for consulting its own notions rather than following the original meaning of the Constitution, as I would, apparently is based on the belief of the majority of the Court that for this Court to be bound by the original meaning of the Constitution is an intolerable and debilitating evil; that our Constitution should not be 'shackled to the political theory of a particular era,' and that to save the country from the original Constitution the Court must have constant power to renew it and keep it abreast of this Court's more enlightened theories of what is best for our society. It seems to me that this is an attack not only on the great value of our Constitution itself but also on the concept of a written constitution which is to survive through the years as originally written unless changed through the amendment process which the Framers wisely provided.”

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

Dissenting in Harper v. Virginia Board of Elections, 383 U.S. 663 (1966).

James Eastland photo

“On May 17, 1954, the Constitution of the United States was destroyed because of the Supreme Court’s decision. You are not obliged to obey the decisions of any court which are plainly fraudulent sociological considerations.”

James Eastland (1904–1986) American politician

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“It is important for the Supreme Court itself to engage in self-criticism, self-awareness, self-assessment to address the loss of confidence of the people in the Supreme Court. That is where our salvation lies.”

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“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.”

William H. Rehnquist (1924–2005) Chief Justice of the United States

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.

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