History provides an antidote to cynicism about the past.
The restoration comes not only from the landscape and air, though they play their significant part, but from the people. I feel a strong need to be in New Hampshire for as much of the summer as I can manage it.
Over the course of 19 years on the Supreme Court, I learned some lessons about the Constitution of the United States.
The court has to decide which of our approved desires has the better claim, right here, right now, and a court has to do more than read fairly when it makes this kind of choice.
I am not a pessimist, but I am not an optimist about the future of American democracy.
For those whose exclusive norm of constitutional judging is merely fair reading of language applied to facts objectively viewed, 'Brown' must either be flat-out wrong or a very mystifying decision.
The Constitution has a good share of deliberately open-ended guarantees, like rights to due process of law, equal protection of the law, and freedom from unreasonable searches.
While Congress did not, to my knowledge, calculate aggregate dollar values for the nationwide effects of racial discrimination in 1964, in 1994 it did rely on evidence of the harms caused by domestic violence and sexual assault, citing annual costs of $3 billion in 1990 and $5 to $10 billion in 1993.
Millions of statements are made about the president every day on every subject and from every standpoint; threats of violence are not an integral feature of any one subject or viewpoint as distinct from others. Differential treatment of threats against the president, then, selects nothing but special risks, not special messages.
The Court's majority holds that the Establishment Clause is no bar to Ohio's payment of tuition at private religious elementary and middle schools under a scheme that systematically provides tax money to support the schools' religious missions.
The applicability of the Establishment Clause to public funding of benefits to religious schools was settled in Everson v. Board of Ed. of Ewing, which inaugurated the modern era of establishment doctrine.
When Congress exercises the powers delegated to it by the Constitution, it may impose affirmative obligations on executive and judicial officers of state and local governments as well as ordinary citizens.
Ellis Island lies in New York Harbor 1,300 feet from Jersey City, New Jersey, and one mile from the tip of Manhattan. At the time of the first European settlement, it was mostly mud, sand, and oyster shells, which nearly disappeared at high tide.
Murder has foreseeable consequences. When it happens, it is always to distinct individuals, and after it happens, other victims are left behind.