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Frases de Robert H. Jackson
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Robert Houghwout Jackson foi um advogado, político e juiz norte-americano que atuou como juiz associado da Suprema Corte dos Estados Unidos. Wikipedia  

✵ 13. Fevereiro 1892 – 9. Outubro 1954
Robert H. Jackson photo
Robert H. Jackson: 96   citações 0   Curtidas

Robert H. Jackson: Frases em inglês

“My philosophy has been and continues to be that [the Court] cannot and should not try to seize the initiative in shaping the policy of the law, either by constitutional interpretation or by statutory construction. While the line to be drawn between interpretation and legislation is difficult, and numerous dissents turn upon it, there is a limit beyond which the Court incurs the just charge of trying to supersede the law-making branches. Every Justice has been accused of legislating and every one has joined in that accusation of others. When the Court has gone too far, it has provoked reactions which have set back the cause it is designed to advance and has sometimes called down upon itself severe rebuke.”

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Robert H. Jackson

The Supreme Court in the American System of Government (1955), p. 79

“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein.”

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Robert H. Jackson

319 U.S. 642
Judicial opinions, West Virginia State Board of Education v. Barnette (1943)

“If religious liberty includes, as it must, the right to communicate such experiences to others, it seems to me an impossible task for juries to separate fancied ones from real ones, dreams from happenings, and hallucinations from true clairvoyance. Such experiences, like some tones and colors, have existence for one, but none at all for another. They cannot be verified to the minds of those whose field of consciousness does not include religious insight. When one comes to trial which turns on any aspect of religious belief or representation, unbelievers among his judges are likely not to understand, and are almost certain not to believe, him.”

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Robert H. Jackson

78 U.S. 93
Judicial opinions, United States v. Ballard (1944)

“I used to say that, as Solicitor General, I made three arguments in every case. First came the one I had planned – as I thought, logical, coherent, complete. Second was the one actually presented – interrupted, incoherent, disjointed, disappointing. The third was the utterly devastating argument that I thought of after going to bed that night…”

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Robert H. Jackson

Advocacy Before the Supreme Court: Suggestions for Effective Case Presentations, 37 A.B.A Journal 801 (1951)

“[T]he effect of the religious freedom Amendment to our Constitution was to take every form of propagation of religion out of the realm of things which could directly or indirectly be made public business, and thereby be supported in whole or in part at taxpayers' expense. That is a difference which the Constitution sets up between religion and almost every other subject matter of legislation, a difference which goes to the very root of religious freedom[…] This freedom was first in the Bill of Rights because it was first in the forefathers' minds; it was set forth in absolute terms, and its strength is its rigidity. It was intended not only to keep the states' hands out of religion, but to keep religion's hands off the state, and, above all, to keep bitter religious controversy out of public life by denying to every denomination any advantage from getting control of public policy or the public purse.”

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Robert H. Jackson

Dissenting in Everson v. Board of Education of Ewing Township, 330 U.S. 1 (1947)
Judicial opinions

“The very purpose of the First Amendment is to foreclose public authority from assuming a guardianship of the public mind through regulating the press, speech and religion. In this field, every person must be his own watchman for truth, because the forefathers did not trust any government to separate the true from the false for us.”

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Robert H. Jackson

Thomas v. Collins https://supreme.justia.com/cases/federal/us/323/516/, 323 U.S. 516 (1945) p. 323 U. S. 545