Would We Hold Liberty, We Must Have

The Use Of History Is To Tell Us What We Are, For At Our Birth We Are Nearly Empty Vessels And We Become What Our Tradition Pours Into Us.

"i Beseech Ye In The Bowels Of Christ, Think That Ye May Be Mistaken." I Should Like To Have That Written Over The Portals Of Every Church, Every School, And Every Courthouse, And, May I Say, Of Every Legislative Body In The United States. I Should Like To Have Every Court Begin, "i Beseech Ye In The Bowels Of Christ, Think That We May Be Mistaken."

It Is Often Hard To Secure Unanimity About The Borders Of Legislative Power, But That Is Much Easier Than To Decide How Far A Particular Adjustment Diverges From What The Judges Deem Tolerable. On Such Issues Experience Has Over And Over Again Shown The Difficulty Of Securing Unanimity. This Is Disastrous Because Disunity Cancels The Impact Of Monolithic Solidarity On Which The Authority Of A Bench Of Judges So Largely Depends.

The Fathers Who Contrived And Passed The Consititution Were Wise In Their Generation; As Time Passes, We Come More And More To Realize Their Powers Of Divination.

It Is Of Course True That Any Kind Of Judicial Legislation Is Objectionable On The Score Of The Limited Interests Which A Court Can Represent, Yet There Are Wrongs Which In Fact Legislatures Cannot Be Brought To Take An Interest In, At Least Not Until The Courts Have Acted.