In Law Also The Emphasis Makes The

No Judge Writes On A Wholly Clean Slate.

If One Starts With The Assumption That, In The Absence Of Specific Congressional Authority, A Fixed Rule Of Law Precludes Contracting Officers From Providing In A Government Contract Terms Reasonably Calculated To Assure Its Performance Even Though There Be No Money Loss Through A Particular Default, There Is No Problem. But Answers Are Not Obtained By Putting The Wrong Question, And Thereby Begging The Real One.

It Is A Fair Summary Of History To Say That The Safeguards Of Liberty Have Been Forged In Controversies Involving Not Very Nice People.

A License Cannot Be Revoked Because A Man Is Red-headed Or Because He Was Divorced, Except For A Calling, If Such There Be, For Which Red-headedness Or An Unbroken Marriage May Have Some Rational Bearing. If A State Licensing Agency Lays Bare Its Arbitrary Action, Or If The State Law Explicitly Allows It To Act Arbitrarily, That Is Precisely The Kind Of State Action Which The Due Process Clause Forbids.

Government Is Itself An Art, One Of The Subtlest Of The Arts. It Is Neither Business, Nor Technology, Nor Applied Science. It Is The Art Of Making Men Live Together In Peace And With Reasonable Happiness.