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Харлан, Джон Маршалл II цитаты

Джон Маршалл Харлан — американский юрист, член Верховного суда США в 1955—1971 годах. Тёзка своего деда Джона Маршалла Харлана, тоже судьи, который работал в Верховном суде с 1877 по 1911 год. Wikipedia  

✵ 20. Май 1899 – 29. Декабрь 1971
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Харлан, Джон Маршалл II: Цитаты на английском языке

“These decisions give support to a current mistaken view of the Constitution and the constitutional function of this court. This view, in short, is that every major social ill in this country can find its cure in some constitutional principle and that this court should take the lead in promoting reform when other branches of government fail to act. The Constitution is not a panacea for every blot upon the public welfare nor should this court, ordained as a judicial body, be thought of as a general haven of reform movements.”

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John Marshall Harlan II

Dissenting in Reynolds v. Sims, 377 U.S. 533, 589 (1964).

“The Constitution is not a panacea for every blot upon the public welfare, nor should this Court, ordained as a judicial body, be thought of as a general haven for reform movements.”

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John Marshall Harlan II

Dissenting in Reynolds v. Sims, 377 U.S. 533, 624-25 (1964).

“Without this guarantee that one may not be deprived of his rights, neither liberty nor property, without due process of law, the State's monopoly over techniques for binding conflict resolution could hardly be said to be acceptable under our scheme of things. Only by providing that the social enforcement mechanism must function strictly within these bounds can we hope to maintain an ordered society that is also just.”

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John Marshall Harlan II

Boddie v. Connecticut, 401 U.S. 371, 374-75 (1971).

“This Court, limited in function in accordance with that premise, does not serve its high purpose when it exceeds its authority, even to satisfy justified impatience with the slow workings of the political process. For when, in the name of constitutional interpretation, the Court adds something to the Constitution that was deliberately excluded from it, the Court, in reality, substitutes its view of what should be so for the amending process.”

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John Marshall Harlan II

Dissenting in Reynolds v. Sims, 377 U.S. 533, 624-25 (1964).

“The Due Process Clause of the Fourteenth Amendment stands, in my opinion, on its own bottom.”

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John Marshall Harlan II

Concurring in Griswold v. Connecticut, 381 U.S. 479 (1965).

“The danger is perhaps not great if the people of one State, through their legislature, decide that Lady Chatterley's Lover goes so far beyond the acceptable standards of candor that it will be deemed offensive and non-sellable, for the State next door is still free to make its own choice. At least we do not have one uniform standard. But the dangers to free thought and expression are truly great if the Federal Government imposes a blanket ban over the Nation on such a book. […] The fact that the people of one State cannot read some of the works of D. H. Lawrence seems to me, if not wise or desirable, at least acceptable. But that no person in the United States should be allowed to do so seems to me to be intolerable, and violative of both the letter and spirit of the First Amendment.”

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John Marshall Harlan II

Concurring in Roth v. United States, 354 U.S. 476, 496 (1957) (striking down a federal censorship act as unconstitutional).

“This 'liberty' is not a series of isolated points pricked out in terms of the taking of property; the freedom of speech, press, and religion; the right to keep and bear arms; the freedom from unreasonable searches and seizures; and so on. It is a rational continuum which, broadly speaking, includes a freedom from all substantial arbitrary impositions and purposeless restraints.”

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John Marshall Harlan II

Poe v. Ullman http://supreme.justia.com/us/367/497/case.html#522, 367 U.S. 497, 522 (1961).

“His thinking threw light in a very introspective way on the entire process of the judicial function. His decisions, beyond just the vote they represented, were sufficiently philosophical to be of enduring interest. He decided the case before him with that respect for its particulars, its special features, that marks alike the honest artist and the just judge.”

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John Marshall Harlan II

Paul Freund, The Judges' Judge http://www.time.com/time/magazine/article/0,9171,877560,00.html, Time Magazine (June 10, 1972).
About Harlan