Frases de Felix Frankfurter

Felix Frankfurter foi um advogado, professor e jurista Austríaco-Americano, que serviu como Associado de Justiça da Suprema Corte dos Estados Unidos. Frankfurter serviu no Supremo Tribunal de 1939 a 1962, e foi um notável defensor da restrição judicial nos julgamentos do Tribunal.

Frankfurter nasceu em Viena e migrou para a Cidade de Nova Iorque, aos 12 anos de idade. Após se formar pela Escola de Direito de Harvard, Frankfurter trabalhou para o Secretário de Guerra, Henry L. Stimson. Durante a Primeira Guerra Mundial, Frankfurter serviu como Juiz, Advogado-Geral. Após a guerra, ele ajudou a fundar a União Americana de Liberdades Civis e retornou à sua posição como professor na Escola de Direito de Harvard. Ele tornou-se amigo e conselheiro do Presidente Franklin D. Roosevelt, que o nomeou para preencher a vaga decorrente da morte de Benjamin Cardozo.

Frankfurter serviu à Corte até sua aposentadoria em 1962, e foi sucedido por Arthur Goldberg. Frankfurter relatou a opinião da maioria em casos como Minersville School District v. Gobitis, Gomillion v. Lightfoot e Beauharnais v. Illinois. Escreveu opiniões discordantes em casos notáveis como Baker v. Carr, West Virginia State Board of Education v. Barnette, Glasser v. United States e Trop v. Dulles. Wikipedia  

✵ 15. Novembro 1882 – 22. Fevereiro 1965
Felix Frankfurter photo
Felix Frankfurter: 67   citações 0   Curtidas

Felix Frankfurter: Frases em inglês

“Gratitude is one of the least articulate of the emotions, especially when it is deep.”

Speech accepting an award from the National Institute for Immigrant Welfare, Biltmore Hotel, New York (May 11, 1933).
Other writings
Contexto: Gratitude is one of the least articulate of the emotions, especially when it is deep. I can express with very limited adequacy the passionate devotion to this land that possesses millions of our people, born, like myself, under other skies, for the privilege that that this county has bestowed in allowing them to partake of its fellowship.

“It must never be forgotten, however, that the Bill of Rights was the child of the Enlightenment. Back of the guarantee of free speech lay faith in the power of an appeal to reason by all the peaceful means for gaining access to the mind.”

Writing for the court, Milk Wagon Drivers Union of Chicago, Local 753. v. Meadowmoor Dairies, Inc., 312 U.S. 287 (1941).
Judicial opinions
Contexto: It must never be forgotten, however, that the Bill of Rights was the child of the Enlightenment. Back of the guarantee of free speech lay faith in the power of an appeal to reason by all the peaceful means for gaining access to the mind. It was in order to avert force and explosions due to restrictions upon rational modes of communication that the guarantee of free speech was given a generous scope. But utterance in a context of violence can lose its significance as an appeal to reason and become part of an instrument of force. Such utterance was not meant to be sheltered by the Constitution.

“National unity is the basis of national security.”

Minersville School District v. Gobitis, 310 U.S. 586 (1940).
Judicial opinions
Contexto: National unity is the basis of national security. To deny the legislature the right to select appropriate means for its attainment presents a totally different order of problem from that of the propriety of subordinating the possible ugliness of littered streets to the free expression opinion through handbills.

“But answers are not obtained by putting the wrong question and thereby begging the real one.”

Dissenting, Priebe and Sons v. United States, 332 U.S. 407, 420 (1947).
Judicial opinions
Contexto: 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.

“Judicial judgment must take deep account…of the day before yesterday in order that yesterday may not paralyze today.”

Quoted in National Observer (Silver Spring, Maryland, March 1, 1965).
Other writings

“Lines should not be drawn simply for the sake of drawing lines”

Dissenting in Pearce v. Commissioner of Internal Revenue, 315 U.S. 543, 558 (1942).
Judicial opinions
Contexto: The line must follow some direction of policy, whether rooted in logic or experience. Lines should not be drawn simply for the sake of drawing lines.

“Convictions following the admission into evidence of confessions which are involuntary, i.e., the product of coercion, either physical or psychological, cannot stand.”

Rogers v. Richmond, 365 U.S. 534, 540-41 (1961).
Judicial opinions
Contexto: Convictions following the admission into evidence of confessions which are involuntary, i. e., the product of coercion, either physical or psychological, cannot stand. This is so not because such confessions are unlikely to be true but because the methods used to extract them offend an underlying principle in the enforcement of our criminal law: that ours is an accusatorial and not an inquisitorial system — a system in which the State must establish guilt by evidence independently and freely secured and may not by coercion prove its charges against an accused out of his own mouth.

“The Procrustean bed is not a symbol of equality. It is no less inequality to have equality among unequals.”

Dissenting in New York v. United States, 331 U.S. 284, 353 (1947).
Judicial opinions

“Wisdom too often never comes, and so one ought not to reject it merely because it comes late.”

Dissenting, Henslee v. Union Planters National Bank & Trust Co., 335 U.S. 600 (1949).
Judicial opinions

“To be effective, judicial administration must not be leaden-footed.”

Cobbledick v. United States, 309 U.S. 323, 324 (1940).
Judicial opinions

“Of compelling consideration is the fact that words acquire scope and function from the history of events which they summarize.”

Phelps Dodge Corp. v. National Labor Relations Board, 313 U.S. 177, 185-186 (1941).
Judicial opinions

“[It is anomalous] to hold that in order to convict a man the police cannot extract by force what is in his mind, but can extract what is in his stomach.”

Writing for the court, Rochin v. California, 342 U.S. 165 (1952). The unanimous decision reversed the conviction of an alleged drug addict because evidence was obtained by forced stomach pumping.
Judicial opinions

“Ambiguity lurks in generality and may thus become an instrument of severity.”

McComb v. Jacksonville Paper Co., 336 U.S. 187, 197 (1949).
Judicial opinions

“The indispensible judicial requisite is intellectual humility.”

Concurring, American Federation of Labor v. American Sash & Door Co., 335 U.S. 538 (1949).
Judicial opinions

“For the highest exercise of judicial duty is to subordinate one's personal pulls and one's private views to the law of which we are all guaradians - those impersonal convictions that made a society a civilized community, and not the victims of personal rule.”

A Heritage For All Who Love The Law 51 ABAJ 330 (1965); quoted by United States Senator Howell Heflin during the confirmation debate for Justice David Souter, on September 24, 1990, S13540.
Other writings

“The Amendment nullifies sophisticated as well as simple-minded modes of discrimination.”

On the Fifteenth Amendment; writing for the court, Lane v. Wilson, 307 U.S. 268, 275 (1939).
Judicial opinions

“Litigation is the pursuit of practical ends, not a game of chess.”

Indianapolis v. Chase Nat'l Bank, 314 U.S. 63, 69 (1941).
Other writings

“In the first place, lawyers better remember they are human beings, and a human being who hasn't his periods of doubts and distresses and disappointments must be a cabbage, not a human being. That is number one.”

Reported in Proceedings in honor of Mr. Justice Frankfurter and distinguished alumni at the meeting of the Council, Harvard Law School Association in Cambridge, April 30, 1960.
Other writings

“It is a wise man who said that there is no greater inequality than the equal treatment of unequals.”

Concurring, Dennis v. United States, 339 U.S. 162, 184 (1950).
Judicial opinions

“I know of no title that I deem more honorable than that of Professor of the Harvard Law School.”

Of Law and Life and Other Things: Papers and Address of Felix Frankfurter (1965).
Other writings